Ashok Bhushan, J. - (1.) Heard Sri H.N. Singh Counsel for the petitioners and Sri C.B. Yadav appearing for the respondents No. 5 and 6. Both the Counsels have prayed that the writ petition be finally decided.
(2.) By this writ petition the petitioners have prayed for quashing the order dated 27th February, 2001 passed by the Deputy Director of Consolidation respondent No. 1 so far it relates to revision No. 7718 of 2001 Jai Raji and another v. Munni Lal and others . Petitioners' case is that in proceedings under chak carvation a revision was filed by Ram-raj-respondent No. 8. In revision of Ram Raj a compromise was filed but the revision was dismissed by the order of the Deputy Director of Consolidation by the impugned order dated 27th February, 2001. Petitioners have stated that from the order dated 27th February, 2001 petitioners came to know that another revision No. 7718 of 2001 Jai Raji v. Munni Lal and others has been allowed by the said order of the Deputy Director of Consolidation. Petitioners in paragraph 13 of the writ petition have stated that the petitioners were never issued notice of Revision No. 7718 of 2001 filed by Jai Raji and they had no opportunity to submit their defence. Counsel for the petitioners has submitted that in the writ petition allegations have also been made against the respondent No. 7 who was working as Deputy Director of Consolidation, Jaunpur at the relevant time. Sri C.B. Yadav, Counsel for the respondents has submitted that although the respondents have denied the allegations of the petitioners as made in paragraph 13 of the writ petition but now since the Presiding Officer against whom the allegations were made in the writ petition, is no longer working/functioning as Deputy Director of Consolidation, he has no objection if the matter, is sent back to the Deputy Director of Consolidation to pass afresh order after hearing the parties.
(3.) After having heard Counsel for the parties and after perusing the record and in view of the statements made by Counsel for both the parties, if is clear that the petitioners have rightly pleaded in the writ petition that the order dated 27-2-2001 in so far as it relates to the Revision No. 7718 of 2001 Jai Raji and another v. Munni Lal and others has been passed ex parte to the petitioners. Counsel for the respondents has also submitted that the matter may be sent back to the Deputy Director of Consolidation for passing fresh order after hearing the parties.;