Anjani Kumar Mishra, J. - (1.) HEARD Shri V.P. Rai, learned Counsel for the petitioner and Shri Shad Khan, who appears for the respondent No. 2. The petition is filed seeking a writ of certiorari quashing the orders dated 26.4.2008 and 7.6.2008 passed by the Deputy Director of Consolidation.
(2.) THE revision No. 194 was filed by the Abdul Waheed Khan. This revision arose out of proceedings for allotment of chaks. The revision was allowed by the Deputy Director of Consolidation by his order dated 26.4.2008 and with it connected revision was also allowed in part. The petitioner was arrayed as respondent in the revision. As such, aggrieved by the order dated 26.4.2008, the petitioner filed a restoration application claiming that the order dated 26.4.2008 was an ex parte order which has been passed without hearing him. The Deputy Director of Consolidation by his order dated 7.6.2008, has dismissed the recall application. Hence this writ petition. I have perused the order dated 26.4.2008 as also the correction table appended thereto. From the correction table, it is clear that by this order four chak holders were effected. They were Chak Holder No. 136 Abdul Waheed, Chak Holder No. 2462 Shamsuddin, Chak Holder No. 2663 Saheed as also bachat land. This order was a composite order. The copy of the restoration application filed by the petitioner is also on record and its perusal shows that the petitioner had impleaded only five persons as opposite parties in the restoration application. They are Jagdish Chandra, Satish Chandra, Jitendra Kumar and Gyanwati. Out of these persons impleaded, none of them were effected by the order passed by the Deputy Director of Consolidation. The persons whose chaks were actually modified namely Shamsuddin as also the Gaon Sabha were not parties to the restoration application.
(3.) IN view of the aforesaid fact, the restoration application itself was defective. The Court below has dismissed the restoration application on merits without noticing the aforesaid discrepancy that none of the person effected by the order dated 26.4.2008 were parties to the case initiated by means of the restoration application filed by the petitioner.;