RAJ NARAIN Vs. DEPUTY DIRECTOR OF CONSOLIDATION GHAZIPUR

JUDGEMENT

(1.) PRAKASH Krishna, J. By means of the present writ petition, the petitioner has sought a writ of certiorari for quashing the orders dated 30. 4. 1997 and 14. 6. 1999 passed by the Deputy Director of Consoli dation, Ghazipur whereby and where un der he has allowed Revision Nos. 15/17/15/328 on 30. 4. 1997 and dismissed the recall application filed by the petitioner on 14. 6. 1999. It appears that against the order dated 23. 8. 1977 passed by the Settle ment Officer of Consolidation, the contesting respondents No. 2 and 3 filed the aforesaid revision under section 48 of U. P. Consolidation of Holdings Act before the Deputy Director of Consolidation. The said revision was allowed on 30. 4. 1997. Thereaf ter an application to recall the said order was filed on the ground that one of the op posite parties i. e. Sakal Deo in the revision has died on 4. 7. 1996 and as such without impleading his heirs, the revision could not have been heard and decided on merits. The said application having been dismissed by the order dated 14. 6. 1999, the present writ petition has been filed.

(2.) HEARD the Counsel for the parties and perused the record.

(3.) IN this view of the matter, the Deputy Director of Consolidation was not justified in rejecting the recall application filed by the petitioner by the impugned order. The interest of justice also demands, that the dispute should be settled between the parties after giving adequate oppor tunity to them.