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1997 Supreme(All) 1428

SUDHIR NARAIN
RAM RATI – Appellant
Versus
DY. DIRECTOR OF CONSOLIDATION, BANDA – Respondent


Advocates Appeared:
RAJENDRA KUMAR

SUDHIR NARAIN, J.


( 1 ) THE controversy in this writ petition is as to whether after issue of Notification under Section 52 of the U. P. Consolidation of Holdings Act, 1953 (in short the Act), the application for condonation of delay in filing the appeal can be entertained and decided by the Consolidation authorities.

( 2 ) THE controversy arises on the following facts. The petitioner filed objection that she is a tenureholder of the land in dispute. The objection was allowed by the Consolidation Officer. In pursuance of the order of Consolidation Officer a reference was made to the Deputy Director of consolidation which was accepted by him. The village was denotified under Section 52 of the act on 20. 6. 1981. The petitioner sold her rights to Ramraj Singh and Balram Singh. They filed an application for mutation of their names. This mutation application was allowed by the assistant Consolidation Officer on 28. 3. 1993. On 21. 8. 1995 an appeal was filed on behalf of the state of U. P. and Gaon Sabha against the order of the Consolidation Officer, whereby the objection of the petitioner was allowed. In the memo of appeal it was stated that the Gaon Sabha was owner of the property i









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