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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Syed Qamar Hasan Rizvi
Dina Nath Singh – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. court hears arguments from counsel. (Para 1 , 2) |
| 2. case history leading to the appeal. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 14 , 15) |
| 3. petitioners argue against the merits of the appeal. (Para 16 , 17 , 19 , 20) |
| 4. respondents defend the appellate decision. (Para 21 , 22 , 23) |
| 5. lack of jurisdiction without condoning delay. (Para 26 , 32 , 35 , 52) |
| 6. writ petition allowed; matter remitted for reconsideration. (Para 56 , 57) |
JUDGMENT :
Syed Qamar Hasan Rizvi, J.
1. Heard, Sri Nikhil Kumar, learned counsel for the petitioners, Sri Nandlal Maurya, learned standing counsel appearing on behalf of the respondent nos. 1 to 4 and Sri Rakesh Singh, learned counsel appearing for the respondent no. 5.
2. The core dispute involved in the present writ petition is purely legal one that as to whether the appellate Court, without adverting to the question of Limitation as prescribed under section 24(4) of the U.P. Revenue Code, 2006, could have admitted and allowed the time-barred appeal vide order dated 26.04.2023 and the impugned order dated 17.05.2025 respectively. This Court with the consent of the learned counsels representing their respective parties; proceeds to de
The appellate authority lacks jurisdiction to decide a time-barred appeal on merits without first condoning the delay as required by law.
An appellate court cannot entertain a time-barred appeal without first condoning the delay in accordance with the Limitation Act.
A formal application for condonation of delay under the Limitation Act is not mandatory if sufficient cause is shown, allowing courts to exercise discretion in restoring cases.
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.
An application for condonation of delay in appeal must be resolved before merits consideration; an appeal without such a ruling is legally unsustainable.
The main legal point established in the judgment is the need to consider the grounds for delay condonation and the liberal approach to adjudicate an issue on its merits.
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