SITARAM ALIAS BABA Vs. DEPUTY DIRECTOR CONSOLIDATION VARANASI

JUDGEMENT

(1.) This writ petition is directed against the order dated 22.4.1999 passed by the Deputy Director of Consolidation, respondent No. 1, whereby he recalled the order dated 26.9.1998.

(2.) The dispute relates regarding the allotment of chak and its formation. The parties raised objection in regard to the allotment of chak. The Settlement Officer, Consolidation passed an order on 8.11.1996 whereby he made certain amendments in the chak. The Appeal No. 3841 filed by Mangaru, respondent No. 3. was dismissed but his Appeal No. 187/1547 was partly allowed. The petitioner filed revisions against the order of the Settlement Officer, Consolidation. Respondent No. 3 also filed revision against the orders passed by the Settlement Officer, Consolidation, dismissing his appeal. The Deputy Director of Consolidation allowed the revision filed by the petitioner and dismissed the revision filed by respondent No. 3 by his order dated 26.9.1998. He directed to make certain amendments in the chaks of the parties.

(3.) Respondent No. 3 filed an application to recall the said order on 28.9.1998 immediately after two days of the order passed by respondent No. I on 26.9.1998. The petitioner raised an objection against such application. The Deputy Director of Consolidation vide impugned order dated 22.4.1999 has recalled the order dated 26.9.1998 with further direction that the plot in dispute shall be Inspected in presence of the parties and thereafter the revision will be heard again on merits. This order has been challenged in the present writ petition.