S.K.Singh, J. - (1.) Challenge in this petition is the judgment of Deputy Director of Consolidation dated 15.9.2001 by which revision filed by the opposite party has been allowed and the order of appellate authority dated 29.11.1999 was set aside.
(2.) As the pleadings are complete, as insisted by learned Counsel for parties, matter is being heard and is finally decided.
(3.) For disposal of matter, facts in brief will suffice. There is no dispute about the fact that after finalisation of chak allotment proceedings, the proceeding before Settlement Officer Consolidation came in motion on the application filed by opposite party which is dated 26.9.1997. Photo Stat copy of that application which has been brought on record discloses that on the top of that application there is a mention "20 under section 42-A dated 30th December, 1997". The prayer as made in the application for adjusting less area in the chak of applicant to the extent of 100 air was allowed by order of appellate authority dated 30.12.1997. The order of appellate authority appears to be non-speaking but there is mention that adjustment can be seen from the chart so appended with the order. The petitioners claimed to be aggrieved by the order of appellate authority dated 30.12.1997 moved recall application upon which the appellate authority again took up the matter and by judgment dated 29.11.1999 allowed their application and at the same time, rejected the application filed by opposite party and this proceedings at the instance of opposite party stood dropped. Against the judgment of the Settlement Officer Consolidation, revision was filed by opposite party which came to be allowed by the judgment of revisional Court dated 15.9.2001 which is under challenge in this petition.;