Krishna Murari, J. - (1.) Heard Sri Sankatha Rai, learned counsel for the petitioner and Sri R.R.Shivhare, learned counsel appearing for respondent Nos. 2 & 4.
(2.) This writ petition arises out of chak allotment proceeding. The dispute relates to plot no. 40 situate in village Nagla Goverdhan, Pargana Hasangarh, Tehsil Iglas district Aligarh which was jointly owned by the petitioner and his brothers respondent nos. 2 to 6. The disputed plot being abadi was kept out of consolidation. During chak allotment proceedings respondent no.2 Mohan Singh, the brother of the petitioner filed revision no. 130. In the said proceedings he got the exchange ratio of the said plot fixed at 90 paise and got it allotted in his chak vide order dated 13.3.1985. On having come to know of the aforesaid fact, the petitioner moved an application to recall the order dated 13.3.1985 on the ground that he was serving in the army and he was not impleaded as a party in the proceedings and the said order was an ex-parte order. Vide order dated 22.3.1986 the Joint Director of Consolidation allowed the application of the petitioner and recalled the order dated 13.3.1985. The revision was heard again by the Deputy Director of Consolidation and vide order dated 17.6.1989 again maintained the order dated 13.3.1985.
(3.) It has been urged by learned counsel for the petitioner that once the order dated 13.3.1985 fixing the exchange ratio of the disputed plot was recalled it was not open to the Deputy Director of Consolidation to again fix the exchange ratio of the said plot and allot the same in the chak of respondent no.2. It has further been urged that the finding recorded by the Deputy Director of Consolidation in the impugned order that earlier order dated 13.3.1985 fixing the exchange ratio of the disputed plot was passed on the basis of the consent given by all the brothers is based on total misreading as the petitioner was neither a party in the said proceedings nor ever gave his consent.;