IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 256 of 2003. Gulab Singh and another. ... Petitioners. Vs. Deputy Director of Consolidation/Additional Collector, Haridwar Camp at Roorkee and others. ... Respondents. Sri Pramod Tiwari, Advocate, holding brief for Sri Rajendra Singh, learned counsel for the petitioners. Sri Sudhir Kumar, learned Brief Holder of the State for respondent nos. 1 to 4. Date April 01, 2009. P.C.: Hon’ble B.S. Verma, J. Heard Sri Pramod Tiwari, Advocate, holding brief for Sri Rajendra Singh, learned counsel for the petitioners and Sri Sudhir Kumar, learned Brief Holder for the State-respondents nos. 1 to 4. By means of this writ petition, the petitioners have sought a writ for quashing the impugned order dated 10-10-2001 passed by Settlement Officer Consolidation Haridwar Camp at Roorkee (for short SOC) as well as the order dated 28-9-2002 passed by Deputy Director of Consolidation/Additional Collector, Haridwar Camp at Roorkee (for short the D.D.C.), whereby the delay in filing the appeal by Gaon Sabha was condoned the learned S.O.C. and the revision preferred by the petitioner against the order of the S.O.C. was dismissed by the D.D.C. Brief facts giving rise to the present writ petition are that the petitioners’ father Budh Singh filed objection under Section 9-A(2) of the U.P. Consolidation of Holdings Act to enter his name as Bhumidhar with transferable rights instead of Class III. It is not 2 disputed that the land belongs to Gaon Sabha and the petitioners claim right against the Gaon Sabha. Evidence of the parties was record. The objection was allowed on 12-6-1997 by respondent no.3. The respondent no. 5 filed an appeal, which was dismissed as withdrawn vide order dated 1-5-2001 passed by respondent no.2. Again the respondent no. 5 a time barred appeal No. 1299 of 2001 under Section 11(1) of the Consolidation of Holdings Act accompanied by an application under Section 5 of the Limitation Act. The petitioners filed objection against the application for condonation of delay. The respondent no. 2 by his order dated 10-10-2001 condoned the delay. Aggrieved, the petitioners preferred revision before the D.D.C., which was dismissed by order dated 28-9-2002, hence the petitioners have preferred the present writ petition. Sri Sudhir Kumar, learned Brief Holder appearing on behalf of the respondents-State has contended that the delay condonation application was filed on the ground that no opportunity of hearing was given before the Consolidation Officer Roorkee (West) to adduce the evidence since the land belongs to Gaon Sabha. It is pertinent to mention that earlier appeal was filed against a dead persons and the same was dismissed as withdrawn with liberty to file a fresh appeal with permission of the Court. Fresh appeal was filed and delay was properly explained. I have heard leaned counsel for the parties and perused the orders impugned passed by S.O.C. as well as D.D.C. Having perused the order dated 10-10-2001 passed by the learned S.O.C., I find that the S.O.C. has not committed any error of law in condoning the delay in filing the appeal by Gaon Sabha. Earlier the appeal was preferred against a dead person, which was withdrawn with liberty to file appeal afresh with the permission of the Court. Also the order passed by the D.D.C. dated 28-9-2002 does not suffer from any perversity or illegality. Moreover, no prejudice is being caused to 3 the petitioners if the appeal (No. 1299 of 2001, Gram Sabha Vs. Gulab Singh and others), which was filed by Gram Sabha concerned under Section 11(1) of the Consolidation of Holdings Act is heard and decided on merits by the S.O.C. The writ petition is devoid of merit and deserves to be dismissed. The writ petition is dismissed. However, it is directed that the learned S.O.C. shall decide Appeal No. 1299 of 2001, Gram Sabha Vs. Gulab Singh and others, expeditiously on merits, preferably within a period of six months from the date of production of certified copy of this order. No order as to costs. All pending applications stand disposed of. (B.S. Verma, J.) RCP