BASHIR AHMAD KHAN Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Sankatha Rai learned counsel for the petitioner and Sri S. N. Singh for the respondents'.

(2.) The facts giving rise to the dispute are as under.

(3.) During the chak allotment proceedings respondent No. 4, Amirjahan Bibi filed an objection under Section 20 of the Act against the proposed allotment which was rejected by the consolidation officer vide order dated 21.4.1975. After a lapse of about 5 years she filed time barred appeal along with an application under Section 5 of Limitation Act for condoning the delay. The Assistant Settlement Officer Consolidation vide order dated 12.3.1982, refused to condone the delay and dismissed the appeal as time barred. Feeling aggrieved she filed a revision before Deputy Director of Consolidation which was allowed on merits vide order dated 21.7.1982. The respondent No. 5, Naushad filed an application to recall the said order. One Jagdish, respondent No. 8, who is said to be not a party in the revision, also filed similar application. The Deputy Director of Consolidation vide order dated 18.8.1982, not only recalled the order dated 21.7.1982, but by the same order decided the revision on merits. Feeling aggrieved, the petitioner has filed instant writ petition for quashing the order dated 18.8.1982.