JANG BAHADUR AND ANOTHER Vs. DEPUTY DIRECTOR OF CONSOLIDATION, GHAZIPUR AND OTHERS
LAWS(ALL)-2005-11-295
HIGH COURT OF ALLAHABAD
Decided on November 25,2005

Jang Bahadur And Another Appellant
VERSUS
Deputy Director of Consolidation, Ghazipur and others Respondents

JUDGEMENT

S.N.Srivastava, J. - (1.) This writ petition is directed against the order dated 21.8.2003 passed by Deputy Director of Consolidation Ghazipur allowing an application of review of Contesting Opposite Party and reviewing the judgment dated 26.12.2002 dismissing the revision. By the impugned order revision was also allowed and chak was altered.
(2.) The only argument made by learned Counsel for petitioners is that revision of opposite party was dismissed on 26.12.2002 on merit and an application of opposite party to review the judgment was not maintainable as Consolidation Authorities are wholly incompetent to review their orders passed on merit. He urged that impugned order is liable to be quashed being without jurisdiction.
(3.) In reply, Sri A.N. Srivastava, learned Counsel for opposite party could not satisfy the Court that application of Opposite Party was a restoration application and not a review application. He further urged that Opposite Party could file his application under inherent power to recall the judgment of Deputy Director of Consolidation. He further urged that order dated 26.12.2002 suffers from the error of law apparent on the face of record and was rightly set aside.;


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