JUDGEMENT
Krishna Murari, J. -
(1.) Heard Sri Krishan Das holding brief of Sri Anil Bhushan appearing for the petitioner. Though the case has been taken up in revised list, no one has appeared on behalf of the respondents.
(2.) During consolidation proceeding a dispute between the parties arose in respect of khata Nos. 320 and 352 and as such proceedings were initiated with regard to the said two khatas before Consolidation Officer. Khata No. 332 which was a in nature of grove was never in dispute and no objection with regard to the said khata was filed by any of the parties. On the contrary a statement was made by respondent No. 3 before Consolidation Officer expressly stating that there is no dispute with regard to khata No. 332. The Consolidation Officer vide order dated 12.3.66 determined the share of the parties in the said khata as well. Since the petitioners were neither parties to the proceedings not were served with the notice or the summon as such they, had no knowledge about the same. When the petitioner came to know about the order they filed an appeal before Settlement Officer Consolidation along with an application under section 5 of Limitation Act. The Settlement Officer Consolidation vide order dated 27.2.1975 condoned the delay and allowed the appeal.
(3.) Feeling aggrieved, the respondent No. 3 filed a revision before Deputy Director of Consolidation which was allowed by order dated 24.11.1975 against which the present writ petition has been filed.;
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