FATEH MOHAMMAD Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) KRISHNA Murari, J. Heard Sri V. P. Rai, learned Counsel for the petitioner and Sri Ayub Khan for sole contesting respondent No. 2.

(2.) SRI Ayub Khan has made state ment that he does not propose to file any counter affidavit and with the consent of the learned Counsel for the parties, the writ petition is being finally disposed of under the Rules of Court.

(3.) IT has been urged by learned Counsel for the petitioner that no notices or summons were ever served upon the peti tioner and the order dated 29. 2. 2008 was passed ex-parte without any notice or op portunity of hearing and the Deputy Director of Consolidation has wrongly dismissed the recall application only because in the order dated 29. 2. 2008 it was recorded in a mechanical manner that the parties have been heard. IT has further been submitted that even otherwise, the Deputy Director of Consolidation has deprived the petitioner of his original holding without recording any reason or even discussing the case of the petitioner.