DEV NARAIN SINGH Vs. D.D.C.

JUDGEMENT

(1.) HEARD Sri Ravi Nath Tilhari, for the petitioner. The writ petition has been filed against the orders of Settlement Officer Consolidation dated 1.8.2013, rejecting the application of the petitioner for deciding delay condonation application first, before hearing arguments on merit in the appeal and Deputy Director of Consolidation dated 4.6.2014, dismissing the revision of the petitioner against the aforesaid order, arising out of title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(2.) GAON Sabha and State of U.P. (respondents -3 and 4) filed an appeal from the order of Consolidation Officer dated 3.8.1987, on 27.12.1991, along with delay condonation application. The petitioner filed an objection in delay condonation application as well as his reply to memorandum of appeal on 21.1.2011. The petitioner requested Settlement Officer Consolidation, for deciding delay condonation application, before hearing arguments on merit in the appeal. Settlement Officer Consolidation, by order dated 1.8.2013, rejected the request of the petitioner and held that arguments in delay condonation application and in the appeal on merit would be heard together. The petitioner filed a revision against the aforesaid order, which has been dismissed by Deputy Director of Consolidation. Hence this writ petition has been filed.

(3.) I have considered the arguments of the Counsel for the petitioner and examined the record. Section 11 of the Act, which provides the provision for appeal is quoted below: