ANGOORI DEVI v. SHRI PANCHAYATI AKHARA NIRMAL KANKHAL PARGANA JAWALAPUR TESHIL AND DISTRICT HARIDWAR
WPMS/1626/2021 · 2025-07-03
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8392 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8392 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5686 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1626/2021 Hon’ble Manoj Kumar Tiwari, J.
Mr. Mehboob Rahi, Advocate for the petitioners.
Mr. Narendra Bali, Advocate for the respondent.
2. Petitioners have challenged judgment dated 22.06.2021, passed by Deputy Director Consolidation/Collector, Haridwar in Revision No. 80 of 2017-18. By the said judgment,
order passed by Consolidation Officer dated 07.04.2018, whereby he had condoned the delay of 41 years in filing the objection under Section 9, was set aside.
3.
Learned counsel for the petitioners contends that judgment rendered by learned Revisional Court is unsustainable as the Consolidation Officer had allowed the Delay Condonation Application on merits after considering all relevant aspects of the matter.
4. Mr. Narendra Bali, learned counsel appearing for the respondent, however, submits that learned Consolidation Officer had not considered the Delay Condonation Application on merits and it was allowed merely by observing that opportunity of
2025:UHC:5686 hearing should not be denied to a party.
5. Upon perusal of order dated 07.04.2018 passed by Consolidation Officer, whereby Delay Condonation Application filed by petitioner was allowed, it is revealed that Consolidation Officer had not considered the explanation offered by the petitioner for delay of 41 years. Therefore, this Court do not find any reason to interfere with the judgment rendered by learned Deputy Director Consolidation, impugned in this writ petition.
6. The writ petition is, however, disposed of with a direction to the Consolidation Officer concerned to consider and decide Delay Condonation Application filed by petitioner, within six weeks from date of production of certified copy of this order.
(Manoj Kumar Tiwari, J.) 03.07.2025 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=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f 031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4 626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.07.07 19:36:43 +05'30'