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1985 Supreme(All) 433

V.N.KHARE, A.BANERJI
Tirath – Appellant
Versus
Joint Director Of Consolidation – Respondent


Advocates Appeared:
For the Appellant : S.D. Pathak.
For the Respondent: Madhur Prakash.

JUDGMENT :

A. Banerji, J.

This writ petition has come up before us on a reference by a learned Single Judge to consider the question 'whether the revisional authority u/s 48 of the U.P. Consolidation of Holdings Act can allow revision petition without indicating whether the appeal filed by the Applicant in revision having been dismissed on the ground of limitation was illegally, incorrectly and improperly decided or the Appellant had sufficient cause for condonation of delay in perferring the appeal.

2. The learned Single Judge referred to the decisions in the case of Basalat v. Deputy Director of Consolidation 1983 ALJ 30 ; Ram Apt v. Deputy Director of Consolidation 1980 ALJ 1160 and Hori Lal v. Deputy Director of Consolidation 1982 ALJ 223 whets the view taken was that the revisioual authority is entitled to allow too revision petition even where the appeal filed by the Applicant in revision was barred by time. The Learned Single Judge was of the view that if the revisional authority does not address itself to the question whether the appeal was incorrectly, illegally or improperly dismissed on the ground of limitation or whether the Appellant was entitled to condonation of delay i

























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