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1966 Supreme(SC) 333

K. SUBBA RAO, S. M. SIKRI, V. RAMASWAMI, C. A. VAIDIALINGAM, J. C. SHAH
Chandra Bhushan – Appellant
Versus
Deputy Director Of Consolidation, U. P. (Regional) Lucknow – Respondent


Advocates:
B.C.MISHRA, C.B.AGARWAL, D.GOVERDHAN CHARY, O.P.RANA

Judgement

SHAH, J. : A revision application under S. 48 of the U. P. Consolidation of Holdings Act filed by the appellants against the order of the Settlement Officer Consolidation was dismissed by the Deputy Director of Consolidation. Allahabad, by order, dated July 15, 1961. The appellants then moved on November 13, 1961 the High Court of Allahabad for the issue of a writ of certiorari quashing the orders, inter alia, of the Consolidation Officer and the Settlement Officer. The petition was summarily rejected by D. S. Mathur, J., observing that the period of limitation expired on 7th November 1961 and no explanation had been furnished why the writ petition could not be filed on November 7, 1961". A special appeal against that order was dismissed by a Division Bench of the Allahabad High Court. The High Court observed that the petition was dismissed by Mathur, J., 021 the ground that it was filed beyond 90 days from the date of the impugned order "after excluding the time taken in obtaining a certified copy of the order and after excluding the time requisite for giving notice to the Standing Counsel under rules of the Court". The High Court further observed "that no attempt * * * h







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