LALLOO RAM Vs. D D C BARABANKI AND

JUDGEMENT

(1.) DEVI Prasad Singh, J. Heard the parties counsel. With the consent of parties counsel, I proceed to decide the petition finally at the admission stage.

(2.) SHORT question raised in this writ petition is that while allowing the revision, the Deputy Director of Consolidation has indicated in his judgment that he has made spot inspection and thereafter, the finding of fact has been recorded in the judgment and order dated 29. 12. 2004. The submission of the learned counsel for the petitioner is that the Deputy Director of Consolidation has neither made any spot inspection nor visited the spot. There is nothing on record to show that the Deputy Director of Consolidation has made spot inspection to find out the factual position. The Deputy Director of Consolidation has recorded wrong finding that he has made spot inspection.

(3.) IN view of the above, the writ petition deserves to be allowed.