AJAY PUNDIR AND 2 OTHERS Vs. DEPUTY DIRECTOR OF CONSOLIDATION AND 4 OTHERS
LAWS(ALL)-2018-7-322
HIGH COURT OF ALLAHABAD
Decided on July 06,2018

Ajay Pundir Appellant
VERSUS
DEPUTY DIRECTOR OF CONSOLIDATION Respondents

JUDGEMENT

Rajiv Joshi, J. - (1.) This writ petition has been filed for quashing the order dated 28.5.2018 passed by the Deputy Director of Consolidation by which revision filed by the petitioners has been dismissed as not maintainable as well as the order dated 5.5.2018 passed by the Settlement Officer Consolidation, whereby it is directed that the application for condonation of delay as well as the appeal will be decided simultaneously.
(2.) The relevant facts as reflect from the record that some objections under Section 9A (2) of U.P. Consolidation of Holdings Act were filed by the petitioners as well as respondent No.5. The said objection were decided on the basis of compromise vide order dated 28.12.2011 passed by the Consolidation Officer. Against the said compromise order, an appeal was filed by respondent No.5 after 7 years on 24.4.2018 along with an application for condonation of delay under Section 5 of the Limitation Act, before the Settlement Officer Consolidation.
(3.) The petitioners raised an objection before the Settlement Officer Consolidation to the effect that since the appeal as highly time barred, therefore, the application under Section 5 should be decided first. The Settlement Officer Consolidation by the order dated 5.5.2018 has directed that both the application under Section 5 of the Act as well as the appeal will be be heard together. Against that order, the petitioners filed a revision, which has been dismissed on 28.5.2018 with the observation that order challenged in the revision is an interlocutory order against which revision is not maintainable.;


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