SABOOJ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Mr. R.S. Chaudhary, learned counsel for the petitioners in support of this petition at great length and Mr. Sharad Chandra Upadhyay, learned Standing Counsel for the Staterespondents.

(2.) It appears that in a revision arising out of a title matter under Sec. 48(3) of the Uttar Pradesh Consolidation of Holdings Act, 1953, the Deputy Director of Consolidation, Gorakhpur, gave ample opportunities to the learned counsel for the petitioners to argue the matter, but he did not. 10/7/2015 was fixed for hearing and the learned counsel for the revisionists appeared to advance his submissions, but learned counsel for the petitioners here, who were opposite parties to the revision, sought time. The matter was adjourned to 24/10/2015 in order to enable the petitioners' counsel to advance his submissions. Prior to these proceedings, learned counsel for the parties were given opportunity to put in their written submissions, which the learned counsel for the revisionists before the Deputy Director of Consolidation availed, but not the learned counsel for the petitioners.

(3.) After affording adequate opportunity of hearing, when learned counsel for the petitioner did not advance his submissions, the Deputy Director of Consolidation proceeded to decide the revision, allowing it with an order of remand to the Settlement Officer of Consolidation to hear the appeal afresh.