- (1.) S. N. Srivastava, J. This writ petition is directed against the judgment dated 9-3-2005, passed by the Deputy Director of Consolidation and order passed on reference dated 7-6-2005, Annexures-7 and 8 to the writ petition.
(2.) HEARD learned Counsel for the petitioners and Sri Deepak Jaiswal as well as Sri Madhusudan Dixit, learned Counsels appearing on behalf of Caveator-Opp. Parties. Learned Counsel for the petitioners urged that the judgment dated 17th October, 2002 was passed by the Settlement Officer, Consolidation without giving any opportunity of hearing to the petitioners by which Chak allotted to the petitioners was disturbed and, therefore, petitioners filed a restoration application which was allowed by Settlement Officer, Consolidation on 22-5-2003. The earlier judgment dated 17th October, 2002 was recalled. This judgment dated 22-5-2003 was wrongly set aside by the impugned judgment of Deputy Director of Consolidation on the ground that it amounts of review. Learned Counsel for the petitioners urged that impugned judgment was not passed in accordance with law and is liable to be quashed. In reply to the same, learned Counsels for the Caveator-Opp. Parties urged that judgment dated 17- 10-2002 was passed on merits after giving opportunity of hearing to the petitioners. The judgment dated 22nd May, 2003 recalling judgment dated 17th October, 2002 and allotting Chak on merits amounts to review of earlier judgment of Settlement Officer, Consolidation which was also passed without giving opportunity of hearing to the contesting Respondents, and in any case no judgment on merit could be passed in the matter of allotment of Chak without giving opportunity of hearing to the affected parties. It is further urged that the judgment of Deputy Director of Consolidation was rightly passed in accordance with law.
(3.) LEARNED Counsels for the Caveator-Opp. Parties urged that they do not propose to file any counter- affidavit to the writ petition. Considered materials on record and arguments of learned Counsel for the parties.;