Nirmal Kumar and Another Vs Settlement Officer of… — Writ and Judicial Review | Allahabad HC (2025)

Nirmal Kumar and Another Vs Settlement Officer of… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the Settlement Officer of Consolidation, District Ayodhya/Opposite Party No.1 to decide the application for condonation of delay in filing the appeal within a period of three months, after affording full opportunity of hearing to the either party, if there is no other legal impediment; per the Division Bench observations in Ram Prakash, the condonation of delay issue to be decided first. Notice to the private respondent dispensed with.

Issue for consideration

Whether the Settlement Officer of Consolidation, District Ayodhya should be directed to consider and decide the application dated 18-12-2024 for condonation of delay in filing the appeal in computerized case no. 202554042300000220 (case no. 0220 of 2025, Shyamata Prasad vs Nirmal Kumar and another), which the petitioner contended involved more than 37 years' delay and was barred by limitation. +1 more

Court's answer

Without entering into the merits of the case, the writ petition was disposed of with a direction to the Settlement Officer of Consolidation, District Ayodhya/Opposite Party No.1 to decide the application for condonation of delay in filing the appeal within a period of three months, after affording full opportunity of hearing to the either party, if there is no other legal impediment.

Ratio / Principle

As per the observations made by the Division Bench of this Court in Ram Prakash Vs. Deputy Director of Consolidation, Hardoi & others (Writ Petition No.6574 (Consolidation) of 2016), the issue of condonation of delay should be decided first; the direction to decide the condonation application was framed accordingly.

Key takeaways

In view of the order proposed to be passed, issuance of notice to the private respondent was dispensed with.obiter¶7

Detailed headnote1 paragraphs

Writ petition under Article 227 (Matters Under Article 227 No. 2510 of 2025) by Nirmal Kumar and another against the Settlement Officer of Consolidation, Ayodhya, seeking (i) consideration and decision of the application dated 18-12-2024 for condonation of delay in filing an appeal by opposite party no. 2 in computerized case no. 202554042300000220 (case no. 0220 of 2025, Shyamata Prasad vs Nirmal Kumar and another), allegedly involving more than 37 years' delay and barred by limitation, and (ii) consideration of an objection application dated 25-4-2025 on the point of limitation and maintainability of the appeal. Without entering into the merits, Hon'ble Saurabh Lavania, J. disposed of the petition, directing the Settlement Officer of Consolidation to decide the condonation-of-delay application within three months, after affording full opportunity of hearing to the either party, if there is no other legal impediment, observing that per the Division Bench of this Court in Ram Prakash vs. Deputy Director of Consolidation, Hardoi & others (Writ Petition No.6574 (Consolidation) of 2016) the issue of condonation of delay should be decided first. Notice to the private respondent was dispensed with. Order date: 2.5.2025.

Neutral Citation No. - 2025:AHC-LKO:25396

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 2510 of 2025 Petitioner :- Nirmal Kumar And Another Respondent :- Settlement Officer Of Consolidation, Ayodhya And Another

Counsel for Petitioner :- Anil Kumar Nishad Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioners, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State/opposite party No.1 and perused the record.

In view of order proposed to be passed, issuance of notice to the privaterespondent is hereby dispensed with.

By means of this petition, the petitioner seeks following main relief(s) :-

"1. To direct the opposite party no. 1 Settlement officer of consolidation District Ayodhya to consider and decide the application dated 18-12-2024 with regard to condonation of delay in computerized case no. 202554042300000220, case no. 0220 of 2025 in Shyamata Prasad vs Nirmal kumar and another. The Copy application dated 18-12-2024 is being annexed here with as annexure no. 1 to this petition.

2. To direct the opposite party no. 1 Settlement officer of consolidation District Ayodhya to consider and decide objection application dated 25-4-2025 on the point of limitation and maintainability of appeal in computerized case no. 202554042300000220, case no. 0220 of 2025 in Shyamata Prasad vs Nirmal kumar and another. The copy of objection application dated 25-4-25 is being annexed here with as annexure no. 2 to this petition.

3. To direct the opposite party no. 1 Settlement officer of consolidation District Ayodhya to reject the condonation of delay application moved by opposite party no. 2 on 18-122024 on the ground of more than 37 years delay in filing appeal and same bared by limitation."

Considering the facts of the case as also the prayers sought in the present petition, quoted above, without entering into the merits of the case, present writ petition is disposed of with a direction to the Settlement Officer of Consolidation, District Ayodhya/Opposite Party No.1 to decide the application for condonation of delay in filing the appeal within a period of three months, after affording full opportunity of hearing to the either party, if there is no other legal impediment in this regard as according to the observations made by the Division Bench of this Court in the case of Ram Prakash Vs. Deputy Director of Consolidation, Hardoi & others, Writ Petition No.6574 (Consolidation) of 2016, the issue of condonation of delay should be decided first.

With the aforesaid, the petition is disposed of.

Order Date :- 2.5.2025 ML/-

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench