High Court of Judicature at Allahabad
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Shiv Das & Others v. State Of U.P. & Others - WRIT - B No. 19826 of 2007  RD-AH 7326 (20 April 2007)
Hon'ble Janardan Sahai, J.
The petitioners filed an appeal against the order of the Consolidation officer after 32 years. The Settlement Officer Consolidation condoned the delay., the copy of which order has been annexed. It does not indicate that he has applied mind to the sufficiency of the explanation given by the petitioners for the delay. All that has been stated is that a liberal attitude has to be adopted, which is not a sufficient ground in a case of such a long delay. More so when a counter affidavit controverting the averments in the delay condonation application was filed. The Deputy Director Consolidation has allowed the revision by his order dated 10.6.2005. The petitioners thereafter filed a recall application on the ground that the order was an ex parte one. The recall application was dismissed by the Deputy Director Consolidation with the finding that the order was passed after hearing the petitioners. Against the order dated 29.3.2006 the petitioners have now after a year filed this writ petition. There is thus again a delay in filing of the writ petition. The petitioners have tried to explain the delay by saying the they had filed the recall application on the advice of their counsel and the counsel did not inform them about the order dated 29.3.2006. Even the name of the counsel who is said to have given them the advice to file the recall application nor of the counsel who was conducting their case before the Deputy Director Consolidation in the recall application has not been disclosed. The averments are vague. It is not a fit case for interference. Dismissed.
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