RADHA KISHAN Vs. DY DIRECTOR OF CONSOLIDATION JHANSI

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is directed against the order dated 6th December, 1960 passed by the Deputy Director of Consolidation, Jhansi and the order dated 19th September, 1980 passed by the Consolidation Officer allowing the restoration application filed by Respondent Nos. 3 and 4 holding the restoration application within time and that sufficient cause was made out for recalling the order dated 25th September, 1979 passed in the proceedings under Section 9 -A(2) of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act),

(2.) THE facts of the case are in a very narrow compass. Before the Consolidation Officer the case was proceeded and an order was passed on 18th September, 1979 for proceeding ex -parte whereas the actual ex -parte final order against Respondent Nos. 3 and 4 was patsed on 25 -9 -1979 and on 6th October, 1979, the 12th day from 25 -9 -1979 Respondent Nos. 3 and 4 filed an application purporting to be under Section 201 of U.P. Land Revenue Act for setting aside the ex -parte order.

(3.) THE Consolidation Officer treated the order 25 -9 -79 to be an ex -parte order against Respondent Nos. 3 and 4 and the restoration application was filed on 6th October, 1979 within fifteen days, hence the restoration application was allowed and the case was restored. The Petitioner 's revision before the Deputy Director of Consolidation was dismissed on 6th December, 1980. It is against these orders that the present writ petition has been filed.