Neutral Citation No. - 2025:AHC:77402 Court No. - 50 Case :- WRIT - B No. - 1837 of 2025 Petitioner :- Ajay Kumar Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Prashant Vardhan Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Prashant Vardhan, learned counsel for the petitioner, Mr. Tarun Gaur, learned Standing for the State-respondents and Mr. Hari Narayan Singh, learned counsel for Gram Panchayat. 2. The instant writ petition has been filed for the following relief:- "A. Issue a writ, order or direction in the nature of Stay the order dated 04.09.2024 passed in Appeal No.TB116 (State of U.P. Vs. Vinay Kumar Singh and others) passed by Settlement officer Consolidation, Farrukhabad and order dated 19.04.2025 passed in Revision No.498 of 2024 (Ajay Singh Vs. Gaon Sabha and others) passed by Deputy Director of Consolidation, Farrukhabad. B. Issue a writ, order or direction in the nature of mandamus directing the Appellate Court to decide the objection filed by the petitioner in application U/S 5 of Limitation Act, thereafter decide the "Appeal on merit in compliance of order passed by Division Bench of this Hon'ble Court in Case of Ram Prakash Vs. Deputy Director of Consolidation and others 2022 SCC on line Allahabad 107 otherwise petitioner shall suffer irreparably." 3. Learned counsel for the petitioner submitted that in title proceeding, Consolidation Officer has passed order in favour of petitioner on 11.01.1996 and against the order of Consolidation Officer, State has filed highly time barred appeal on 02.01.2023. He submitted that in the aforementioned time barred title appeal, petitioner has filed objection that delay condonation matter should be heard first in accordance with law but appellate court is not proceeding in proper manner accordingly direction should be issued to respondent No.2/Settlement officer of Consolidation Farrukhabad to decide the delay condonation matter first in the light of ratio of law laid down by the Division Bench of this court reported in (2022) 155 RD 309 Ram Prakash versus Deputy Director of Consolidation Hardoi and others (Consolidation No.6574 of 2016) decided on 03.02.2022, in which it has held that delay condonation matter shall be decided first before consideration of the appeal on merit. 4. On the other hand, learned Standing Counsel and learned counsel of the Gram Panchayat submitted that no interference is required as time barred title appeal filed by the State is pending for consideration before respondent No.2/ Settlement Officer of Consolidation, Farrukhabad. 5. I have considered the arguments advanced by learned counsel for the parties and perused the record. 6. There is no dispute about the fact that time barred title appeal filed by State is pending before respondent No.2/Settlement Officer of Consolidation, Farrukhabad. There is also no dispute about the fact that petitioner has filed objection that delay condonation matter should be decided first before considering the appeal on merit. 7. In order to appreciate the controversy involved in the matter, perusal of paragraph Nos. 20 and 21 of the judgment in the case of Ram Prakash (Supra) will be relevant which are as under: "20. If any statute provides certain period for filing of appeal, an appeal filed beyond the time limit will certainly be not entertained. If the provisions of 1963 Act are applicable and party is entitled to seek condonation of delay in filing appeal, an application has to be filed specifying the grounds on which delay in filing the appeal is sought to be condoned. It is only after that the application is allowed, the appeal can be entertained and heard on merits. Before that the appeal cannot be taken up and considered on merits. 21. As far as the issue regarding hearing of the application seeking condonation of delay and the appeal simultaneously is concerned, in our view, firstly the application has to be considered. Only thereafter, the appeal can be considered on merits but there is nothing in law which requires hearing of appeal on merits to be postponed mandatorily after acceptance of the application seeking condonation of delay. Both can be taken up on the same day. However, the appeal has to be heard on merits only after the application seeking condonation of delay has been accepted" 8. Considering the ratio of law laid down by the Division Bench of this Court in Ram Prakash (supra) the instant writ petition is disposed of with direction to respondent No.2/Settlement Officer of Consolidation, Farrukhabad to decide the delay condonation matter first in the light of the ratio of law laid down by the Division Bench of this Court in Ram Prakash (supra) expeditiously preferable within a period of two months from the date of production of certified copy of this order before him. Order Date :- 12.5.2025 PS* Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad