BASHIRAN Vs. DEPUTY DIRECTOR OF CONSOLIDATION AND ANOTHER

JUDGEMENT

(1.) Heard Sri Sanjeev Kumar holding brief of Sri Shashi Nandan learned Senior Counsel for the petitioner and Sri Swaraj Prakash appearing for contesting respondents.

(2.) By means of this writ petition filed under Art. 226 of the Constitution of India, the petitioner has challenged the order dated 26.3.1978 passed by Deputy Director of Consolidation rejecting her application for recalling the earlier order dated 20.6.1974. Challenge has also been made to the order dated 20.6.1974.

(3.) The undisputed facts are that respondent No. 2 filed objection under Sec. 20 of the Act challenging the proposed allotment of chak in his favour impleading one Kudratullah. The said objection was dismissed by the Consolidation Officer against which he filed an appeal which was dismissed by the Settlement Officer Consolidation on 13.5.1972. Respondent No. 2 challenged the appellate order by filing a revision. During the pendency of the revision before the Deputy Director of Consolidation, Kudratullah executed a gift deed dated 8.6.1976 of the chak in dispute in favour of the petitioner, Smt. Bashiran who is his own daughter-in-law. The revision of respondent No. 2 came to be allowed by Deputy Director of Consolidation on 3.6.1974. After decision of the Deputy Director of Consolidation, the petitioner moved an application dated 20.2.1976 after about more than 1, 1/2 years to recall the said order on the ground that she was not heard though she became Bhumidhar on the basis of gift deed executed in her favour. The Deputy Director of Consolidation vide impugned order dated 26.3.1978 dismissed the application filed by the petitioner.