MOTILAL Vs. DEPUTY DIRECTOR CONSOLIDATION AGRA

JUDGEMENT

(1.) A.

(2.) THIS petition is directed against the order dated 30-10- 1976 passed by the Deputy Director of Consolidation, Mainpuri, Camp at Agra, dismissing a revision filed by the petitioner on the ground of non-compliance of Rule 3 of the U. P. Consolidation of Holdings Rules. Rule 3 provides that along with the memorandum of revision the applicant should also file certified copies of the orders of the subordinate authority sought to be challenged in revision. The petitioner had filed copy of the order passed by the Settlement Officer (Consolidation) but he did not file a copy of the order passed by the Assistant Consolidation Officer. When the revision was taken up for hearing this omission was detected whereupon the petitioner filed an application stating that on account of some confusion the clerk of the petitioner's counsel had filed a wrong copy of the order passed by the Assistant Consolidation Officer. He accordingly prayed that he be granted time to file the correct copy of the order passed by the Assistant Consolidation Officer. The Deputy Director of Consolidation rejected this application and immediately thereafter proceeded to dismiss the revision itself on the ground of non-compliance of Rule 3 as well as on the ground that the record of the case had not been received from the Record Room.

(3.) IN the result, the petition succeeds and is allowed. The impugned order passed by the Deputy Director of Consolidation dated 30-10-76 is quashed. The Deputy Director of Consolidation will now dispose of the petitioner's revision on merits subject to the condition that the petitioner files a certified copy of the order passed by the Assistant Consolidation Officer within a month from today unless he has already filed the same. The Deputy Director of Consolidation will also ensure that the record of the case is before him before he disposes of the revision on merits. Parties are, however, left to bear their own costs. --- Petition allowed.