R.H. Zaidi, J. - (1.) Heard learned Counsel for the parties and perused the record.
(2.) By means of this writ petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 22-8-1990 passed by the Deputy Director of Consolidation allowing the application filed by the contesting respondent for recalling the order dated 4-12-1984.
(3.) The relevant facts giving rise to the present petition, in brief, are that it was on 20-12-1983 that a reference under Section 48(3) of the U.P. Consolidation of Holdings Act, for short 'the Act', was made by the Settlement Officer Consolidation to the Deputy Director of Consolidation. On receipt of the said reference notices were issued to the parties concerned. The parties who appeared before the Deputy Director of Consolidation were heard and thereafter the order dated 4-12-1984 was passed whereby some alterations in the chak of the parties were made in exercise of power under Section 48(3) of the Act. Subsequently, an application was filed by respondent No. 2 for recalling the order dated 4-12-1984 claiming that the said order was passed without affording opportunity of hearing to her. Therefore, the order dated 4-12-1984 was liable to be set aside. On the application filed by the respondent No. 2 notices were issued to the parties concerned. Ultimately, after hearing the parties the Deputy Director of Consolidation held that the order dated 4-12-1984 was passed ex-parte without affording opportunity of hearing to the respondent No. 2. Having recorded the said findings the Deputy Director of Consolidation set aside the order dated 4-12-1984 by his judgment and order dated 22-8-1990. Hence the present petition.;