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JAYANT BANERJI
Rama Shankar Lal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Jayant Banerji, J.
Heard learned counsel for the petitioners. Learned Standing Counsel appears for respondent nos. 1, 2 and 4. Sri Rameshwar Prasad Shukla, learned counsel has accepted notice on behalf of respondent no.3- Gram Panchayat.
2. This writ petition has been filed with the following prayer:-
3. The order impugned appears to have been passed on the restoration application dated 14.11.2022 filed by the petitioners for restoring the revision that was dismissed on 13.12.2013. The restoration application was filed along with a delay condonation application under Section 5 of the LIMITATION ACT . The reason for delay mentioned in the affidavit filed in support of the application under Section 5 of the LIMITAT
The court ruled that procedural delays should be examined contextually, emphasizing the need for justice over strict adherence to timelines, allowing case merits to guide decisions.
The court emphasized that delay in filing a restoration application undermines the right to challenge prior orders, reinforcing the principle that the law of limitation must be strictly applied.
A suit for declaration under Section 144 of the U.P. Revenue Code cannot be decided without framing issues and allowing evidence, and orders passed without jurisdiction are nullities.
A party must demonstrate substantive rights to challenge consolidation orders; inordinate delay in seeking restoration applications without sufficient explanation cannot be condoned.
A formal application for condonation of delay is not necessary; oral requests sufficing with sufficient cause are valid in proceedings under the U.P. Land Revenue Act.
The court established that powers under the Uttar Pradesh Zamindari Abolition and Land Reforms Act must be exercised within a reasonable time, and unreasonable delays invalidate such actions.
The central legal point established in the judgment is the need for a liberal approach in matters relating to condonation of delay, emphasizing the importance of substantial justice and not denying p....
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