LAWS(ALL)-2020-1-548

KIRAN Vs. DEPUTY DIRECTOR OF CONSOLIDATION

Decided On January 28, 2020
KIRAN Appellant
V/S
DEPUTY DIRECTOR OF CONSOLIDATION Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The petitioner has preferred the present writ petition with the prayer to quash the orders dated 22.05.2012 and 18.07.2018 passed by the respondent no. 1/Deputy Director of Consolidation, Bulandshahr, copies of which are appended as Annexure-2 and 5 to the writ petition.

(3.) Facts in brief as contained in the writ petition are that one Sri Chandu, father-in-law of the petitioner had chak no. 1178, and had original plot nos. 505/1, 505/2, 485, 511, 512, 515/1, 515/2 and 515/3. It is argued by the learned counsel for the petitioner that an ex-parte proceedings were initiated as provided under section 48 (3) of the U.P. Consolidation of Holdings Act, 1953. It is further stated that when the petitioner came to know regarding the order passed in the aforesaid proceedings on 22.05.2012, the recall application was filed by her before respondent no. 1. The said recall application was rejected by the respondent no. 1 vide its order dated 18.07.2018, copy of which is appended as Annexure-5 to the writ petition. It is further argued that various grounds were taken in the recall application filed by the petitioner before respondent no. 1 but none of them was taken into consideration by him while rejecting the same. Challenging the aforesaid orders namely order dated 22.05.2012 as well as order dated 18.07.2018, the petitioner has preferred the present writ petition. An interim order was granted in favour of the petitioner by this Court on 04.09.2018. Affidavits have already been exchanged between the contesting parties.