BHAI LAL Vs. BHAIYA RAM AND OTHERS

JUDGEMENT

(1.) Heard Sri D.V. Jaiswal learned Counsel for the petitioner, learned standing Counsel and Sri A.N. Misra for the respondent No. 1.

(2.) By means of this petition the petitioner has challenged the order dated 29.9.2004 passed by Deputy Director of Consolidation rejecting the restoration application.

(3.) The facts are that against the order passed by Settlement Officer, Consolidation, a time barred revision was filed by respondent No. 1. The petitioner contested the proceedings by filing objection against the delay condonation application. In the meantime the proceedings were transferred from the Court of Deputy Director of Consolidation, Allahabad to the Court of Additional Collector, Nazul/Deputy Director of Consolidation where the revision was decided vide order dated 3.12.2003. The petitioner moved an application to recall the order on the ground that after transfer of proceedings he was not served with any notice and he had no knowledge as such he could not appear. The Deputy Director of Consolidation vide impugned order rejected the said application only on the ground that in the earlier order it was recorded by Deputy Director of Consolidation that learned Counsel for the parties were heard and record was examined which goes to show that revision was decided on merits after hearing the parties.