AFSAR ALI & ORS Vs. ADDL. COMMISSIONER ( ADMN.) DEVI PATAN GONDA & ORS
LAWS(ALL)-2016-4-144
HIGH COURT OF ALLAHABAD
Decided on April 25,2016

Afsar Ali And Ors Appellant
VERSUS
Addl. Commissioner ( Admn.) Devi Patan Gonda And Ors Respondents

JUDGEMENT

DEVENDRA KUMAR UPADHYAYA, J. - (1.) Heard Sri Agendra Sinha, learned counsel for the petitioners, learned Standing Counsel for the State -respondents and Sri Mrinal Chandra, learned counsel appearing for the respondent Nos. 2 and 3.
(2.) This petition under Article 227 of the Constitution of India seeks to challenge the order dated 19.11.2015, passed by the Additional Commissioner (Administration), Devi Patan Mandal, Gonda, whereby application made by the petitioners under Section 5 of the Indian Limitation Act for condoning the delay in moving the application under Section 27(4) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'Ceiling Act') for setting aside the certain pattas in favour of the respondents, has been rejected.
(3.) Submission of learned counsel for the petitioners is that the pattas were allegedly executed on 18.02.1992 unlawful and the petitioners did not have any information of the said pattas. The information regarding said pattas came to the notice of the petitioners only on 28.06.2015 when the alleged patta holders attempted to take possession of the land in dispute. The submission is, thus, that sufficient reasons have been indicated by the petitioners in the application moved for the said purpose and the Additional Commissioner has not been able to appreciate the correctness of the reasons in their true perspective and has, thus, passed the impugned order dated 19.11.2015, which is not sustainable.;


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