- (1.) Heard counsel for the petitioners and Shri Shivajee Singh Sisodiya, counsel for the respondent no.3.
(2.) The present writ petition has been filed against the order dated 14.1.2019 passed by the Settlement Officer of Consolidation, Bareilly in Appeal No.2018541213000413 as well as against the order dated 29.7.2019 passed by the Deputy Director of Consolidation, Bareily in Revision No.2019531213000021 whereby the revisional Court dismissed the revision filed against the order dated 14.1.2019.
(3.) Appeal No.2018541213000413 was filed by the respondents against the order dated 4.12.2002 passed by the Consolidation Officer under Section 9-A(2) of the U.P Consolidation of Holdings Act, 1953 as well as against the order dated 12.10.2018 passed by the Consolidation Officer whereby the Consolidation Officer had rejected the recall application filed by the respondents for recall of the order dated 4.12.2002. A single appeal was filed against the aforesaid orders. In the appeal, the petitioner filed an application dated 31.12.2018 praying that the appeal be dismissed as not maintainable as two separate appeals had to be filed against the orders dated 4.12.2002 and 12.10.2018 and a single appeal against the two orders was not maintainable. The S.O.C vide his order dated 14.1.2019 rejected the application dated 31.12.2018 filed by the petitioners. The S.O.C held that any anxiety by the petitioners that the single appeal was filed against the two orders only to avoid explaining the delay in filing the appeal against the order dated 4.12.2002 was unfounded as the issue regarding delay in filing the appeal shall be decided along with the merits of the appeal. However, in the order dated 14.1.2019, there is an observation by the S.O.C that the appeal has been filed within the limitation prescribed in the statute. The said order has been affirmed by the D.D.C.;