SAMARJEET SINGH Vs. D M BALLIA

JUDGEMENT

(1.) D. K. Seth, J. This application has been filed by one Sri Kailash Singh, in the above writ petition for recalling the order dated 11-1-1993, by which the present Writ Petition No. 394 of 1993 stood disposed of.

(2.) THE petitioner's case, inter alia was that by fraudulent method the petitioner has got his father's name interpolated in respect of fifty bigha of land in the khata as mentioned in para 2 of the affidavit filed in support of this application. Where for all the villagers submitted an application on 22-6-1992. Upon the said application the District Magistrate had called for a report of inquity from the Sub- Divisional Officer, Ballia, who submitted his report on 28-8-1992. Annexure-2 to the writ petition. By an order dated 1-9-1992 (Annexure 3 to this affidavit) the Deputy Director of Consolidation recorded an order that those entries were forge by one of the members of Chakbandi Committee, namely Vijai Bahadur, who was brother of Samarjit Singh, and ac cordingly he had recommended for dissolution of the Consolidation committee under Section 3 (kha)0-10 (2), of the U. P. Consolidation of Holdings Act and dissolved the Committee. THEreupon the Chief Revenue Officer by his order dated 16. 10. 1992 directed the forge entries to be cancelled and restored to the original record, which is Annexure-4 to the affidavit. THE District Magistrate, Ballia, by his order dated 28-9-1992, Annexure-5 to the affidavit, directed the Deputy Director of Consolidation to maintain the record in accordance with law and to make inquiry as to who has done foregery. By an order dated 16-10-1992 the Chief Revenue Officer, Ballia expunged the name of the father of Samarjit Singh.

(3.) LEARNED Counsel for the writ petitioner had filed counter affidavit to the said application and contended, inter alia, that the petitioner not being a party to the writ petition, cannot maintain the present application. The court becomes functus officio, once the writ petition is disposed of. The said order cannot be recalled by a stranger to the proceedings.