Court No. - 9
Case :- WRIT - B No. - 1348 of 2021 Petitioner :- Rakesh Chaudhary And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Prakash Mishra Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed challenging the orders dated 17.9.1985 and 15.11.2018 passed by the Deputy Director of Consolidation, Gautambudh Nagar (hereinafter referred to as, 'D.D.C').
Through order dated 17.9.1985, the D.D.C. had modified the valuation of Plot No. 74. Through order dated 15.11.2008, the D.D.C. has rejected the recall application filed by the petitioners for recall of the order dated 17.9.1985. The recall application was filed almost 32 years after the order dated 17.9.1985.
A reading of the document annexed with the writ petition shows that no proper explanation was given by the petitioner for the delay in filing the recall application, assuming that the order dated 17.9.1985 was ex-parte against the petitioners.
There is no averment in the writ petition regarding the publication under Section 23 of the Uttar Pradesh Consolidation of Holdings Act, 1953 or Section 52 of the aforesaid Act.
There is no illegality in the order dated 15.11.2018 rejecting the recall application filed by the petitioners. So far as the order dated 17.9.1985 is concerned the writ petition is barred by laches. The order relates to valuation of Plot No. 74 and was passed 36 years before. Chaks must have already been allotted on the basis of valuation fixed by order dated 17.9.1985 and parties must have settled on their chaks. In the circumstances there is no reason to condone the laches.
The writ petition lacks merit, and is, accordingly
dismissed.
Order Date :- 23.9.2021 Anurag/-