LALJI Vs. DEPUTY DIRECTOROF CONSOLIDATION

JUDGEMENT

(1.) Through this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 27.4.2012 passed by Deputy Director of Consolidation (in short D.D.C.) in Revision No. 531 Rajendra and others v. Lalji and others, by which the respondents' revision was allowed.

(2.) It appears, the case was again dismissed in default on 2.8.2005. The petitioner, herein has filed an application for recall of the order dated 2.8.2005. This application was filed after expiry of the period of limitation for filing the restoration application. The petitioner, herein, has also filed an application for condonation of delay. The Settlement Officer Consolidation vide order dated 3.5.2011 has allowed the application on payment of Rs. 200/- and restored the appeal on merit.

(3.) Aggrieved by this order, the respondent Nos. 3 to 8 have filed Revision No. 531 before the Deputy Director of Consolidation. The Deputy Director of Consolidation has allowed the revision and set aside the order passed by the Settlement Officer Consolidation on the ground that earlier when the case was dismissed in default on 28.7.2003 it was restored on payment of Rs. 100/- cost with the condition that in case the appeal is again dismissed in default, the same shall not be restored. The Deputy Director of Consolidation took the view that earlier order passed by the Settlement Officer Consolidation has got binding effect and the subsequent order allowing the restoration application should not have been passed in view of the conditions laid down in the order dated 21.3.2005.