S.K.Singh, J. - (1.) Heard learned counsel for the petitioner and Sri Kushwaha, learned counsel appearing for the respondent.
(2.) By means of this petition, petitioner has challenged the order passed by the Additional Commissioner dated 8.1.2004 by which earlier order dated 16.12.2002 has been set aside. Learned counsel for the petitioner submits that order dated 16.11.2002 could not have been set aside by the impugned order as in the earlier proceedings out of five only two respondents were dead and three were alive and therefore, the impugned exercise cannot be justified. It is further submitted that without adequate opportunity the impugned order could not have been passed.
(3.) Aforesaid submission has been examined.;