BHADIYA Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) Through this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 31.12.2012 passed by the Deputy Director of Consolidation (in short 'D.D.C') in Revision No. 275/41/223 Satpal Singh and others Vs. Bhardaya by which the restoration application for recall of the order dated 19.11.2012 filed by the respondents no. 2 and 3 has been allowed.

(2.) While assailing this order, Sri Ranjeet K.Yadav, learned counsel for the petitioner contends that the order impugned is without jurisdiction as passing this order would mean review of the earlier order dated 19.11.2012 which is not in domain of the D.D.C. as power of review is not available him under the U.P. Consolidation of Holdings Act, 1953. (in short 'the Act').

(3.) Refuting the submissions of learned counsel for the petitoner, Sri Ramesh Chandra Lal, learned counsel appearing for the respondents no. 2 and 3 has submitted that since the earlier order was passed without there being any spot inspection and was totally illegal order being against the situation on the spot, therefore,the D.D.C. has corrected the error committed by him. In his submissions, no infirmity can be attached with the order impugned.