Nem Singh v. Deputy Director of Consolidation and 10 Others

Court No. - 48 Case :- WRIT - B No. - 2944 of 2023 Petitioner :- Nem Singh Respondent :- Deputy Director Of Consolidation And 10 Others Counsel for Petitioner :- Satyendra Kumar Singh Counsel for Respondent :- C.S.C,Devendra Kumar Yadav,Krishna Kant Singh Hon'ble Saurabh Shyam Shamshery,J.

¶1Sri Satyendra Kumar Singh learned counsel for petitioner/applicant has drawn attention of this Court on the impugned order whereby the restoration application filed by the petitioner was rejected on the ground of delay of 4-5 years and also referred application for restoration, which is annexed along with writ petition as Annexure No.9 that despite sufficient explanation was provided for condone the delay, however, same was not considered.

¶2The contesting respondents have appeared through Advocate, however, today they are not present.

¶3In the aforesaid circumstances, it is considered that 4-5 years delay could not be considered to be extraordinary, since case is arising out of a consolidation proceeding therefore, impugned order is set aside and delay is condoned with the direction to pay Rs.5,000/- to the State legal Authority within a period of three weeks from today, thereafter concerned authority will consider the restoration application on merit.

¶4Accordingly, the writ petition is disposed of. Order Date :- 6.11.2023 Md Faisal High Court of Judicature at Allahabad