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2025 DAILYLAW 90468 (ALL)

RAM PRAKASH v. DEPUTY DIRECTOR OF CONSOLIDATION AND 12 OTHERS

WRIB/3596/2025 · 2025-09-16

Ajay Bhanot

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 3596 of 2025 Court No. - 50 HON'BLE AJAY BHANOT, J. The petitioner had assailed the orders passed by the consolidation authorities on 04.09.1967 and 28.10.1967 respectively by filing an appeal in the year 2010. By the impugned orders the appellate authority as well as the revising authority have dismissed the appeal as well as the revision respectively on the ground of delay. Learned appellate court as well as the revising court have found that the delay of 43 years was inordinate and no good cause was shown for the laches on part of the petitioner. The orders passed by the Consolidation Officer in the year 1967 were on the footing of a compromise between the parties. The memo of appeal which is part of the record of the writ petition is not accompanied with the delay condonation application. Shri Vimal Kumar, learned counsel for the petitioner submits that the delay has been explained in para 3 of the memo of appeal. Ground no.3 in the memo of appeal contains recitals to the effect that the brothers of the petitioner's father had forged some documents to the detriment of his father. This is a bald allegation and the averment lacks material particulars. The material particulars of the fraud were required to be pleaded particularly since the consolidation authorities have decided the matter on the basis of compromise between the family members. Versus Counsel for Petitioner(s) : Vimal Kumar Counsel for Respondent(s) : C.S.C. Ram Prakash .....Petitioner(s) Deputy Director Of Consolidation And 12 Others .....Respondent(s) The law of delay and laches has been evolved by the Courts for fair and efficient administration of justice. Long delays seeking to revive stale claims will unsettle matters which have acquired finality over past decades. Consequent to the finality of the order third party rights invariably accrue over the years and it is not in the interest of justice, equity and good conscience to disturb the long settled state of affairs. [Also see: Jalim and others v. State of U.P. and others (Writ-B No.2420 of 2025)] There is no good cause shown by the petitioner for the said laches of 43 years. The proceedings before the courts below were clearly barred by delay and laches. There is no infirmity in the orders passed by the courts below and the impugned orders are not liable to be interfered with. The writ petition is dismissed. September 17, 2025 Ashish Tripathi WRIB No. 3596 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad