S.K. Singh, J. - (1.) When the matter was taken up on 4.5.2005, Smt. Kamini Pandey, learned advocate submitted that she may obtain necessary instruction in the matter so that this Court by making suitable observations may quash the impugned judgment so as to enable the opposite party to move appropriate application before the appellate authority for rehearing if the appellate authority is satisfied with the bona fides in the matter.
(2.) Be as it may, when the matter was taken up today Smt. Kamini Pandey gave statement that as appeal of the opposite party was dismissed as not pressed, obviously the revision against the order cannot be said to be maintainable as the higher Court is to find out the fault in the order of the Court below but if the Court below has not decided the case on merits rather it was dismissed on the statement of the parties, there cannot be any occasion of the revision.
(3.) In view of the aforesaid as there is no dispute that appeal of the opposite party was dismissed as not pressed. Deputy Director of Consolidation in allowing the revision filed by the opposite party appears to have committed a manifest error. In view of the aforesaid, without going into the merits of the order/arrangement as made by the Revisional Court this writ petition stands allowed.;