Krishna Murari, J. - (1.) Heard Dr. Binod Kumar Rai holding brief of Sri Sankatha Rai, learned Counsel for the petitioner and Sri P.N. Tripathi holding brief of Sri V.K. Singh appearing for respondent No. 2.
(2.) During consolidation proceedings an objection under section 9 of the U.P. Consolidation of Holdings Act (for short 'the Act') was filed by the father of the petitioner to record his name over the land in dispute on the allegations that he was declared Sirdar in proceedings under section 299-B of U.P.Z.A. & L.R. Act vide order dated 3.2.1963, but due to mistake of Lekhpal the revenue entries was not corrected. The objection was rejected by the Consolidation Officer on 3.2.1978. However, the appeal was allowed by the Assistant Settlement Officer, Consolidation vide order dated 22.11.1978. Against this order Gaon Sabha filed highly time barred revision after delay of about eight years. The Deputy Director of Consolidation vide order dated 14.7.1988 refused to condone the delay and dismissed the revision as time barred. On the same day an application to recall the said order was moved by Gaon Sabha which was dismissed in default on 17.11.1988. Again an application was moved on behalf of Gaon Sabha to fix another date for hearing but no prayer was made in the application to recall the order dated 17.11.1988. This application was also dismissed in default on 7.1.1991. Again an application was moved on behalf of Gaon Sabha to recall the said order. It was contested by the petitioner by filing objections. This application was also dismissed in default on 25.8.1994. Gaon Sabha again moved restoration application on 27.8.1994. The Deputy Director of Consolidation vide impugned order dated 21.7.1996 not only recalled the order dated 25.8.1994 but allowed all the earlier restoration applications and restored the revision to its original number to be heard on merits.
(3.) I have carefully gone through the record of the writ petition.;