NAWAB SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION ALIGARH

JUDGEMENT

(1.) Present petition is directed against the judgment and order dated 10-6-1993 (Annexure 9) passed by the Deputy Director of Consolidation Aligarh thereby setting aside an earlier order dated 24-l2-81, An application for setting aside the said order dated 24-12-81 was moved by Damodar son of Sowati and Suresh Chand son of Vidya Ram, (Claiming himself to be minor through his next friend Smt. Chandrawati) (mother) on 5-5-1986 on the ground that the order dated 24-12-81 was passed exparte without notice to them. The Deputy Director of Consolidation held that no NOtice was served upon Suresh Chand and accordingly set aside the order dated 24-12-1981.

(2.) I have heard Sri M. D. Misra learned Counsel appearing for the Petitioner and Sri G. N. Verma learned Counsel appearing for the Respondents.

(3.) It transpires from the record that three separated revisions, being revision Nos. 625, 644 and 643 were allowed by a common order dated 24-12-81 The said revisions arise not of proceeding under Section 5-A (2) of the U.P. Consolidation of Holding Act in respect of land comprising basic Khatauni Khata No. 258, 259 and 260 ultimate in village Baramai Pergana Sikandra Rao district Aligarh. Suresh Chand who is held to have not been served with the notices in revisits aforesaid, was arrayed alongwith his brothers Om Prakash. Rajesh and Ramesh alongwith Damoder and many others. The order dated 24-12-81 was passed after hearing the learned Counsel for the parties including Om Prakash, Rajesh and Ramesh, brothers of Suresh Chand.