Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 11th December, 1981 passed by respondent No. 1 rejecting the application to condone the delay in filing the objection under Section 9 of U.P. Consolidation of Holdings Act (in short the Act).
(2.) The petitioner and respondent No. 3 are real brothers. The petitioner is claiming the right on the allegation that the plot in dispute was ancestral property and he has a share in it.
(3.) The notice under Section 9 (1) of the Act was published in the village on 31.12.1969. The petitioner filed objection under Section 9 (2) of the Act on the allegation that he has a share in the lane in dispute. He also filed an application condone the delay on the allegation that respondent No. 3 was elder brother and was acting as Karta of the family. The parties were in joint possession. On 5th July, 1972 when he obtained papers from the Lekhpal he found that his name was not entered in the revenue records. He could not file objection within the limitation and the delay may be condoned The consolidation officer dismissed the application to condone the delay by dated 7.6.1973. The petitioner fill revision against the said order Respondent No. 1 allowed the revision on 16.10.1974 and directed the consolidation officer to consider the application under Section 5 of the Limitation Act afresh in accordance with the observation made in the order. Respondent No. 3 filed application to recall the said order on the ground that on the date of hearing his counsel could not appear and the order has been passed only hearing the counsel for the petitioner. Respondent No. 1 allowed^ the said application on 29.11.1977 and again heard the revision on merits. Respondent No. 1 dismissed the revision by order dated 11.12.1981. This order has been challenged in the present writ petition.;