CHANDRASHEKHAR PATHAK Vs. D.D.C.

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) The present writ petition has been filed against the order dated 3.6.1992 passed by the Deputy Director of Consolidation, Ghazipur, i.e., respondent No. 1 (hereinafter referred to as, 'D.D.C.') in Revision No. 2023/1929/464 instituted under Section 48 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953').

(3.) Revision Nos. 2023/1929 and 2049/1962 were filed by the petitioners and one Vijay Bahadur against Shri Gauri Shankar, i.e., the predecessor of respondent Nos. 2 to 5. It appears that during the proceedings in the aforesaid revisions, a spot inspection was done by the D.D.C., who relying on the spot inspection passed an order dated 29.12.1990 amending the chak of Gauri Shankar, i.e., the Chakdar No. 45. Gauri Shankar filed an application praying for recall of the order dated 29.12.1990 on the ground that the said order was passed without hearing as no hearing was done by the D.D.C. after the spot inspection done by him. The D.D.C. after giving an opportunity of hearing to all the concerned parties through his order dated 3.6.1997 disposed of the recall application filed by Gauri Shankar and directed that the boundaries of the different chaks shall be fixed in accordance with the amended Schedule annexed with his order dated 3.6.1997 without affecting Chakdar No. 45.