BRAHMDEO Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri L.P. Singh, counsel for the petitioner, the Standing Counsel and Sri R.C. Upadhyay, Advocate, for the respondents.

(2.) The writ petition has been filed against the order of the Deputy Director of Consolidation dated 4.9.2013 by which the order dated 28.5.200 has been recalled holding it as an ex parte order against the Sports College Society Gudamba, Lucknow and the matter was fixed for re-hearing.

(3.) In pursuance of the letter of State Government the District Magistrate by order dated 12.5.1999 requisitioned 100 acres of land of Gram Panchayat, Pur, Pargana Sikandarpur East, district Ballia. Subsequently, a reference was prepared by which 106.15 acres of land has been reserved for the aforesaid Sports College. The petitioner filed a writ petition (registered as W.P. PIL No.18263 of 2004) against the order passed by the District Magistrate, Ballia dated 14.th July, 2003. The writ petition was disposed of by order dated 11.5.2004 with the direction to the District Magistrate, Ballia to consider the representation of the petitioner dated 4.2.2004 and pass an order on it in accordance with law. It is alleged that the District Magistrate, Ballia instead of deciding himself the representation of the petitioner, transferred it to the Deputy Director of Consolidation Ballia who by order dated 20.1.2005 recalled the earlier order dated 26.5.21999 accepting the reference. Thereafter on behalf of the Sports College a time barred application has been moved for recall of the order dated 20.1.2005 which has been allowed by the order dated 30.8.2005. Again a recall application has been filed on which the order dated 30.8.2005 has been recalled by the order dated 28.5.2011. Then on behalf of the Sports College an application has been filed for recall of the order dated 28.5.2011, which has been allowed by the impugned order dated 4.9.2013.