Suresh vs State of U.P.and others

Rajes Kumar, J.—Heard Sri Man Mohan Singh, learned Counsel for the petitioner, learned Standing Counsel appears on behalf of respondent Nos. 1, 2 and 3 and Sri Lalta Prasad appears on behalf of respondent Nos. 4 and 5.

With the consent of learned Counsel for the parties, writ petition is disposed of finally.

Learned Standing Counsel produced the record of the revisional authority and submitted that no order has been passed on the application under section 5 of the Limitation Act.

It appears that Deputy Director of Consolidation, Jaunpur has passed the order without disposing of the application under section 5 of the Limitation Act and without condoning the delay, therefore, the order is vitiated and liable to be set aside.

In the result, writ petition is allowed. The order dated 20th August, 2008, Annexure 3B to the writ petition passed by the Deputy Director of Consolidation, Jaunpur is set aside and the matter is remanded back to him to decide the matter afresh in accordance to law. Deputy Director of Consolidation, Jaunpur is directed to first consider the application under section 5 of the Limitation Act after giving opportunity of hearing to all concerned parties. In case, if he proposes to condone the delay, then he may proceed to decide the revision on merit. Learned Counsel for the petitioner may file certified copy of the order within two weeks before the Deputy Director of Consolidation and he is further directed to decide the revision within a period of six weeks after hearing both the parties.