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1984 Supreme(All) 626

B.L.YADAV
Babu Lal – Appellant
Versus
Deputy Director Of Consolidation – Respondent


Advocates Appeared:
For the Appellant : Sudhir Chandra.

JUDGMENT :

B.L. Yadav, J.

This is a petition under Article 226 of the Constitution directed against the order dated 31-3-84 passed by the Dy. Director of Consolidation, Allahabad in a revision u/s 48 of the U.P. Consolidation of Holdings Act filed by Hira Lal, Respondent No. 3 against an order dated 23-4-82 refusing to condone the delay in his appeal pertaining to a land which has vested in the Gaon Sabha. The facts of the case are that admittedly the land has vested in the Gaon Sabha, as has been held by the Deputy Director of Consolidation and the Appeal was filed by Respondent No. 3. He was neither a member of the Land Management Committee nor he was Pradhan or Up Pradhan of the Gaon Sabha.

2. It has been urged by the learned Counsel for the Petitioner that Respondent No. 3 has got no authority to file the appeal. The appeal was also held to be time-barred. It was also urged that: Respondent No. 3 Hira Lal is neither a Member of the Gaon Sabha noir Pradhan or Up Pradhan. Therefore, he could not file an appeal on behalf of the Gaon Sabha, Consequently, the appeal or the revision filed by him was not maintainable. Hence the same has been incorrectly allowed. The learned Counsel has r





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