NATHUNI SINGH Vs. ASSTT DIRECTOR OF CONSOLIDATION GHAZIPUR

JUDGEMENT

(1.) AT the stage of admission the parties having exchanged affidavits this petition is being disposed of finally.

(2.) THE last order under challenge is that dated 21-8-87 passed by the Asstt. Director of Consolidation, Ghazipur, rejecting an application filed by the petitioner on 22-10-84 for setting aside the order dated 29-3-82 passed upon a revision filed by the contesting respondent allowing the revision and restoring the order passed by the Consolidation Officer dated 14-4-71. By the order dated 14-4-71 the Consolidation Officer had allotted chaks to the parties, it is stated, on their original holdings. THE petitioner has also challenged the other orders passed by the Assistant Director of Consolidation as well as the original order passed by the Consolidation Officer on 14-4-71. It is, however, not necessary to examine the correctness of those orders as the matter is being remanded to the Assistant Director of Consolidation for the disposal of the petitioner's application dated 22-10-84 referred to above.

(3.) THE Assistant Director of Consolidation clearly went wrong there. For the disposal of the application dated 22-10-84 he was called upon to consider two questions : first, whether the explanation offered by the petitioner for the delay in filing the application dated 22-10-84 was satisfactory and entitled to be accepted ; two, whether there was sufficient cause for the absence of the petitioner on 22-3-82 and 29-3-82. He has considered neither of these two questions. He could not, in my opinion, dispose of the petitioner's application dated 22-10-84 without considering whether the petitioners had notice of the dates on which the case was heard and decided against them; THE impuged order is, therefore, liable to be quashed with the direction that the Assistant Director of Consolidation shall restore the petitioners' application dated 22-10-84 to its original number and thereupon dispose it of according to law.