Court No. - 7
Case :- WRIT - C No. - 38406 of 2018 Petitioner :- Ram Naval And 3 Others Respondent :- State Of U P And 7 Others Counsel for Petitioner :- R.B. Singh Counsel for Respondent :- C.S.C.,Rajesh Kumar
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
1. The present petition is directed against the order dated 27.10.2018 passed by the Additional Commissioner Judicial (II), Varanasi by which the petitioners' appeal filed under Section 27(4) of the U.P. Act No. 1 of 1961, has been dismissed as time barred.
2. Learned counsel for the petitioner submits that the order passed by the Additional Commissioner is grossly illegal inasmuch as it amounts to the review of the order passed by the Commissioner, Varanasi dated 03.08.2016 by which the delay in filing the aforesaid appeal had already been condoned. Thereafter, the matter had been transferred to the Additional Commissioner Judicial (II), Varanasi to decide the appeal on merits. It is therefore been submitted that there was no jurisdiction or proceedings surviving on the delay condonation matter that may have been considered by the Additional Commissioner while hearing the appeal on merits.
3. Though an objection has been raised by Sri Rajesh Kumar, learned counsel for the private respondent, that the petitioners do not have any locus to question the lease granted in his favour, however, that objection is outside the scope of the present proceedings.
4. The ground raised by the petitioners has been stated to be accepted inasmuch as once the appeal had been condoned by the Commissioner by an order dated 03.08.2016, the delay condonation application stood decided and that matter was not pending before the Additional Commissioner as to allow him to pass any order to reject the delay condonation application.
5. In view of the above noted position of law, the present writ petition is allowed and the matter is remitted to the Additional Commissioner Judicial (II), Varanasi, who shall now proceed to hear and decide the petitioners' appeal on merits, strictly in accordance with law, after affording due opportunity of hearing to either side, as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order.
Order Date :- 29.11.2018 Prakhar