JUMAYEE Vs. D. D. C.

JUDGEMENT

(1.) Taking note of the facts stated in the affidavit(s) filed in support of application(s) (C.M.Application Nos. 56980 of 2016 and 56981 of 2016), the same are allowed. The delay in filing the application for recall is hereby condoned. The order dtd. 3/11/2015 dismissing the writ petition in default is hereby recalled and the petition is restored to its original number. Heard learned counsel for the petitioner and Sri Hemant Kumar Pandey, learned counsel for the State.

(2.) By means of this petition, petitioner has assailed the order dtd. 13/1/1994 passed by respondent No. 1-Deputy Director of Consolidation, Pratapgarh (in short "D.D.C.").

(3.) Brief facts of the case are to the effect that before the Assistant Consolidation Officer (in short "A.C.O."), in Case No. 3137 instituted under Sec. 9-A(2) of the U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953"), a compromise was filed on 13/9/1967 and based upon the compromise the A.C.O. passed the order on the same day i.e. on 13/9/1967 which reads as under :