Yogendra Kumar Sangal, J. - (1.) This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of certiorari quashing the order dated 26.02.2010 passed by the D.D.C.(Deputy Director of Consolidation), district Hardoi in Revision NO. 153/2009-10 under Section 48 of the U.P.Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act'.
(2.) Heard learned counsel for the petitioner, learned Standing Counsel for the respondent No. 1 & 2 and perused the record.
(3.) Vide order dated 20.09.2005, Consolidation Officer, Sandila district Hardoi has rejected the application of the petitioner to restore the case already decided on 16.08.2001. On behalf of the petitioner, it was said that objections were filed under Section 9 of the Act by him but his these objections were not considered by the Consolidation Officer. He claimed through objections that he was owner in possession of the land in dispute of the case. Wrongly, Rameshwar had shown this property his own and considering the request of Rameshwar, his name was entered in the revenue record. When the petitioner came to know about this illegality, he moved an application for restoration of the matter before the Consolidation officer but his prayer was not accepted and it was rejected vide order dated 20.09.2005. Consolidation Officer in his order had also observed that no such objections as said are available on record, although he made all efforts to get searched out the same and there is also no entry of filing of such objection. It was also observed that delay in filing the application for Restoration was also not sufficiently explained. It was further held by the Consolidation Officer that already proceedings of Consolidation came to an end and notification under Section 52 of Consolidation of Holdings Act has already been issued.;