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2025 DAILYLAW 5491 (UTT)

BHANU PRATAP AND OTHERS v. MOH. YUSUF

WPMS/1171/2025 · 2025-05-08

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:3662 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1171/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Deepak Bhatt, Advocate for the petitioners. Mr. Devendra Pant, Standing Counsel for the State. Ms. Anjali Bhargava, Advocate for Gram Sabha. 2. Petitioners are aggrieved by order dated 25.01.2024, passed by Deputy Director of Consolidation/District Magistrate, Udham Singh Nagar in Revision No. 52/01 of 2022-2023. 3. By the said order, delay in filing Revision under Section 48 of Consolidation of Holdings Act, 1953, by respondent Nos. 1 to 4 was condoned without granting opportunity to the petitioners to file objection. 4. Petitioners contend that the order impugned in the Revision was also not enclosed with the memo of Revision, there was nearly 26 years delay in filing such Revision, therefore, it could not have been condoned without at least granting opportunity to the petitioners to file objection. 5. This Court finds substance in the submission made on behalf of the petitioners. 6. In case of long delay of about 26 years, the respondents to the Revision were entitled for an opportunity to file objection which has been denied by Deputy Director of Consolidation. On 2025:UHC:3662 this short point alone, impugned order dated 25.01.2024 is set aside. 7. The Delay Condonation Application shall stand restored to the file of Deputy Director of Consolidation, who shall decide it afresh, after granting three weeks’ time to petitioners to file objection. 8. This Court hopes and expects that Delay Condonation Application, filed by respondent Nos. 1 to 4 shall be disposed of within four months from date of filing objection, by petitioners. (Manoj Kumar Tiwari, J.) 08.05.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.05.09 10:14:05 +05'30'