RAM SHIROMAN Vs. DEPUTY DIRECTOR OF CONSOLIDATION ALLAHABAD

JUDGEMENT

(1.) THIS is an application moved on behalf of Respondent No. 3 Ram Nath to recall the order dated 18-8-1986 passed by me dismissing the writ petition in limine but directing that the restoration application of the petitioners may be decided. The spot inspection may be made after hearing the parties concerned. It is, however, also directed that the case may be decided by some other Consolidation Officer other than Sri Ahmad Siddique who had decided the case earlier. The stay restoration application has been filed by Respondent No. 3 accompanied by an affidavit. The parties were given opportunity to exchange their affidavits.

(2.) SRI G. N. Verma, learned counsel for Respondent No. 3 urged that the order dated 18-8-1986 disposing of the writ petition was passed without affording an opportunity of hearing to him and was an ex-parte order and therefore the same may be recalled ; that the restoration application filed by the petitioners should not have been ordered to be considered again by the Consolidation Officer ; and that no spot inspection was necessary to be made. Mr. Verma stated that the order dated 18-8-1986 may be recalled first and thereafter some appropriate order may be passed.

(3.) NOW coming to the present restoration application on the date of the presentation of the writ petition, even though notices were not issued to Respondent No. 3, but as application of the Respondent No. 3 was allowed without impleading the petitioners as parties and as petitioners' restoration application was dismissed, hence I directed that the Consolidation Officer should decide the restoration application of the petitioners afresh before making spot inspection in the presence of parties and after hearing them.