KURBAN Vs. D.D.C.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner by means of the instant writ petition is assailing the order dated 23 January 1984 and order dated 30 August 1984 passed by the first respondent, Deputy Director of Consolidation, Deoria.

(3.) The writ petition arises out of proceedings for allotment of chaks in the consolidation operations of Village Dahari Patti, Tehsil Padrauna, District Deoria. Contesting parties filed separate objections against the proposed chaks allotted to them. Admittedly, the third respondent was a minor and filed his objection under the guardianship of his brother i.e. second respondent. The Consolidation Officer upon hearing the parties made some amendment in the provisional consolidation scheme and also effected change in the proposed chak of the petitioner and of the contesting respondent. Aggrieved, the contesting respondents filed an appeal before the Settlement Officer of Consolidation, Ballia. The appeal of the third respondent was instituted through his brother. The appeal was allowed, aggrieved, petitioner filed a revision before the Deputy Director of Consolidation, Ballia under Section 48 of the U.P. Consolidation of Holdings Act, 1953 which was allowed by order dated 26 March 1982. Soon, thereafter, the mother of the third respondent filed an application for recalling of the order dated 26 March 1982 on the ground that the third respondent was a minor, therefore, could not be represented by his brother not being a guardian. The Deputy Director of Consolidation allowed the restoration application vide order dated 23 January 1994 for the reason that the third respondent being a minor was not impleaded as a party in accordance with law. The order dated 30 August 1982 and 23 January 1994 is being assailed.