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2021 Supreme(UK) 804

S.K.MISHRA
MUSARRAT – Appellant
Versus
SHAMIMA KHATOON – Respondent


Advocates:
For the Petitioner: Mr. Tapan Singh, Learned Counsel
For the Respondent: Mr. Mohd. Safdar, Learned Counsel

JUDGMENT

Sri S.K. Mishra, J.

1. Heard Tapan Singh, learned counsel for the petitioner and Mr. Mohd. Safdar, learned counsel for the respondent.

2. In this writ application, the petitioner assails the order dated 15.07.2021 passed by Deputy Director of Consolidation, Haridwar, in Revision No. 114 of 2015, Smt. Shamima Khatoon vs. Musarrat, whereby the revisional authority under the Consolidation of Holdings Act has remanded the matter to the Officer in Court of the Settlement Officer, Consolidation, to re-hear the appeal no. 88 on the question of limitation. The only challenge to the order passed by the revisional authority in this writ application is the question of delay. Admittedly, there has been a delay of about 13 years in preferring the application/objection before the Consolidation Officer, Roorkee. However, it is apparent from the records that the respondent obtained the order by fraud and misrepresentation in the order passed on 28.05.1997. As far the said order, plot no. 195 is concerned having an area of 0.0205 hectares, but 0.0410 hectares has been recorded. In other words, an additional land measuring 0.0395 hectares has been added in Gata (plot) No. 195. Similarly, in

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