R.H. Zaidi, J. - (1.) Heard learned counsel for the parties.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 26.02.1982 passed by the Deputy Director of Consolidation allowing the revision after condoning the delay and remanding the case to the Consolidation Officer for decision afresh after affording opportunity of hearing to the parties concerned.
(3.) It appears that in the basic year, the name of the contesting respondent No. 2 was recorded in the revenue papers over the land in dispute. The petitioner filed an objection claiming that the name of the contesting respondent was liable to be expunged inasmuch as the same was recorded on the basis of the alleged sale deed, although no sale deed was executed by the petitioner. The petitioner also produced evidence in support of her case. None appeared from the side of the respondent. The Consolidation Officer after going through the material on the record, passed ex-parte order dated 14.05.1980 allowing the objection of the petitioner. Thereafter the contesting respondent No. 2 filed a restoration application on 3.6.1980, i.e. 18 days after the order was passed by the Consolidation Officer, contending that she had no knowledge of the proceedings before the Consolidation Officer. The moment she came to know about the same, she immediately filed the said application. The Consolidation Officer has taken the that the application filed by the respondent No. 2 was legally not maintainable. The respondent No. 2 if felt aggrieved (by the order) of the Consolidation Officer, could file a revision before the Deputy Director of Consolidation. In the meanwhile, an appeal was filed before the Settlement Officer consolidation, which was dismissed ort 23.5.1981. Thereafter, a revision was filed before the Deputy Director of Consolidation. The Deputy Director of Consolidation after hearing the parties, condoned the delay in filing the application condoned the case to the Consolidation Officer for decision afresh by his judgment and order dated 27.2.1982, hence the present petition.;