SHAFIQ Vs. DEPUTY DIRECTOR CONSOLIDATION

JUDGEMENT

(1.) THIS writ petition is directed against the judgment and order dated 7-7-1993 whereby the Deputy Director of Consolidation, Ballia has recalled his earlier order dated 18-6-1993 on an application moved on behalf of the respondent Surya Deo.

(2.) LEARNED counsel for the petitioner urged that the order dated 18-6-1993 was passed by the Deputy Director of Consolidation on merits after affording opportunity of hearing to the parties and, therefore, urged the learned counsel, it was not liable to be revieved or recalled in absence of any express statutory power of review. LEARNED counsel for the respondent refuted the submissions made by the learned counsel for the petitioner and urged that the order dated 18-6-1993 was passed without affording opportunity of hearing to respondent no. 2 and that it was based upon erroneous assumption of certain facts which did not exist as also upon ignorance of correct state of facts relevant to exercise of revisional power under section 48 of the U. P. Consolidation of Holdings Act.

(3.) IN Kalika Prasad v. Additional Commissioner, Agra Division, AIR 1956 All 103, it has been held : "From the examination of these authorities, it is clear that the power to review can only be exercised if it has been expressly conferred by the Statute. There is no inherent powers given to the Courts to reconsider their orders once passed unless the power of review is granted expressly under the provisions of the Statute."