KALIM ULLAH Vs. D. D. C. SULTANPUR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel for respondent no.1. Under challenge is the order dated 12.01.2021 passed by learned Deputy Director of Consolidation, Sultanpur, a copy of which is Annexure-1 to the writ petition, by which, upon an application moved by the private respondents, the ex-parte order dated 06.11.2015 has been recalled and notices have been issued to the parties concerned fixing a particular date.

(2.) Learned counsel for the petitioner contends that taking into consideration the law laid down by the Full Bench of this Court in the case of Smt. Anar Kali and others vs. Deputy Director of Consolidation and others , 1997 15 LCD 921, the power to recall an ex-parte order is not vested with the Deputy Director of Consolidation and consequently the Deputy Director of Consolidation has patently erred in passing the impugned order. Another ground taken by learned counsel for the petitioner is that a detailed objection had been filed against the application that had been filed by the private respondents praying for recall of the order dated 06.11.2015 which has not been adverted to while passing the impugned order and consequently the impugned order merits to be set-aside. No other ground has been urged.

(3.) On the other hand, learned Standing Counsel submits that the Deputy Director of Consolidation is vested with inherent powers to recall an ex-parte order and it is not a case of review so as to attract the law as laid down by the Full Bench in the case of Smt. Anar Kali (supra).