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2025 DAILYLAW 113581 (ALL)

ANEESH AHMAD AND 10 OTHERS v. STATE OF U.P. AND 21 OTHERS

WRIC/43372/2024 · 2025-07-02

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:104010 Court No. - 33 Case :- WRIT - C No. - 43372 of 2024 Petitioner :- Aneesh Ahmad And 10 Others Respondent :- State Of U.P. And 21 Others Counsel for Petitioner :- Dheeraj Kumar Dwivedi,Shiv Shanker Pandey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Vide order dated 23.11.2023 passed by Chief Revenue Officer, District Basti the application filed by the petitioners under section 30 of the U.P. Revenue Code for making the necessary corrections in the map in respect of Azari no. 176 area 0.0210 hectare was rejected. 2. From perusal of record it transpires that against the order dated 23.11.2023 a statutory appeal was filed by the petitioners before the Commissioner Basti Region Basti/respondent no. 2 on 09.09.2024. Since there was small delay, an application for delay condonation was also filed for condonation of delay. It is argued that though the cogent reasons was given for condoning the delay but without considering the same the revision was rejected only on the ground of delay. It is further argued that delay was bonafide and genuine hence the same was liable to be condoned. 3. Even otherwise the law is well settled for the small delay in filing the revision should be ignored and the matter should be decided on merits. Insofar as the present case is concerned, there is a small delay of about 8-9 months in filing the revision but without considering the same, the order dated 30.09.2024 was passed by the respondent no. 2 rejecting the application for condonation of delay. 4. In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved. 5. Heard counsel for the petitioner, learned Standing Counsel for respondent nos. 1 to 3 and perused the record. 6. After going through the aforesaid order, in my view the aforesaid order is liable to be set aside and the same is hereby set aside. 7. The Respondent no. 2/Commissioner Basti Region Basti is directed to pass appropriate orders on the application of delay condonation strictly in accordance with law most expeditiously and preferably within a period of four weeks from the date of presentation of certified copy of this order after providing opportunity of hearing to all the parties concerned. Order Date :- 3.7.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad