Ramesh Chandra vs State of U. P. - 2023 Supreme(All) 2220

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2220

CHANDRA KUMAR RAI
Ramesh Chandra – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioner: Pramod Kumar Dwivedi.
For the Respondent: C.S.C., Achal Singh, Rishikesh Tripathi, Sunil Kumar.

Table of Content
1. challenge to appellate order due to non-joinder. (Para 2 , 5 , 6)
2. arguments for invalidity of earlier appellate decision. (Para 4 , 7)
3. failure to provide notice and opportunity affects appeal validity. (Para 10 , 11 , 12 , 14)
4. condonation of delay must precede appeal consideration. (Para 13)
5. order set aside; mandate to rehear appeal considering delay. (Para 15 , 16 , 17)

JUDGMENT

Chandra Kumar Rai, J.

Heard Mr. Pramod Kumar Dwivedi, Counsel for the petitioners, learned Standing Counsel for the State-respondents, Mr. Rishikesh Tripathi, Counsel for respondent Nos.7 to 10 and Mr. Achal Singh, Counsel for respondent No.6-A/Gram Sabha.

2. The instant petition has been filed for quashing the order dated 13.04.2017 passed by Settlement Officer of Consolidation, Banda (respondent No.3) in Appeal No.32 of 2017 as well as for mandamus directing the respondent No.5/Sub Divisional Magistrate, Tehsil-Atarra, District-Banda to record the name of the petitioners in revenue record in compliance of the order dated 27.05.1977 and issue fresh Khatauni to the petitioners.

3. Stamp report has reported laches of 2038 days in filing the petition.

4. Counsel for the petitioners su