Janardan Sahai, J. - (1.) Objections under section 9 of the U.P. Consolidation of Holdings Act were filed by the petitioners in respect of plot No. 262/1 which were allowed by the Consolidation Officer. Against the order of the Consolidation Officer an appeal was preferred by the respondents before the Settlement Officer Consolidation. According to the petitioners a compromise was entered into in the appeal on 30.8.1972 before the Settlement Officer, Consolidation and the Settlement Officer, Consolidation decided the appeal in terms of the compromise on 5.9.1972. After lapse of 20 years a revision was filed by the respondents before the Deputy Director of Consolidation. The revision was accompanied by an application for condoning the delay. The petitioners filed objections to the application for condoning the delay. The Deputy Director of Consolidation by his order dated 28.8.2001 allowed the revision and set aside the compromise and directed the appeal to be heard afresh on merits.
(2.) Counsel for the petitioners submitted that there was inordinate delay in filing of the revision and the Deputy Director of Consolidation has not passed any order condoning the delay. It is also submitted that the appeal was filed by the respondents themselves. Therefore it is difficult to believe that they did not enquire about the fate of the appeal for a long period of 20 years. In paragraph No. 18 of the writ petition it has been alleged that the Revisional Court has allowed the revision without recording any finding regarding the question of delay. Counsel for the respondents could not refer to any order that may have been passed by the Deputy Director of Consolidation allowing the delay condonation application. It was necessary for the Deputy Director of Consolidation to decide the question of delay. Without deciding the delay condonation application, the revision could not have been allowed.
(3.) The writ petition is therefore allowed. The order of the Deputy Director of Consolidation dated 28.8.2001 is quashed and the case is sent back to the Deputy Director of Consolidation for fresh decision. Petition Allowed.;