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2012 Supreme(All) 3029

RAN VIJAI SINGH
Mithlesh Kumari – Appellant
Versus
Deputy Director of Consolidation, Kanpur Nagar – Respondent


Advocates:
Counsel :
K. Kumar Tripathi and Anand Mohan Pandey for the Petitioner; C.S.C. for the Respondents.

Ran Vijai Singh, J.

Through this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the orders dated 16.8.2012 and 24.9.2011 passed by respondent nos. 1 and 2 respectively.

Heard Sri Anand Mohan Pandey, holding brief of Sri K. Kumar Tripathi, learned counsel for the petitioner and learned Standing Counsel.

It appears, respondent no. 3 filed an appeal against the order dated 14.7.2008 passed by the Consolidation Officer. The appeal was also accompanied with an application for condonation of delay. The Settlement Officer of Consolidation, after hearing both the sides, condoned the delay and fixed 30.11.2011 for passing the order in the appeal. The petitioner herein has filed revision no. 101 ( Mithlesh Kumari Vs. Ramwati). The said revision was dismissed by the Deputy Director of Consolidation on 16.8.2012.

Sri Pandey has vehemently contended that after the order dated 14.7.2008 passed by the Consolidation Officer, the notification under section 52 of U.P. Consolidation of Holdings Act, 1953 ( hereinafter referred to as, 'the Act') was issued on 25.4.2009, whereas the appeal was filed on 4.1.2010. Taking shelter of sub-section ( 2) of section 52 of the Act



































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