- (1.) The present writ petition is directed against the order dated 10th January, 1995, passed by Deputy Chief Settlement Commissioner, U.P.-cum-Member, Board of Revenue, U.P. at Lucknow, as well as its subsequent order dated 6th April, 1995, rejecting the restoration application of the petitioner.
(2.) The order impugned dated 10.1.1995 has been passed, allowing revision filed under Section 24 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, whereby sale certificate dated 14.6.1968, issued in favour of four persons, including the petitioner, has been cancelled, and a direction has been issued to issue a fresh sale certificate in favour of deceased Tota Mal, for the reason that he alone was the auction purchaser. The order dated 10.1.1995 is reproduced:- "Heard the learned counsel for both the parties and perused the record of the case. The sale certificate dated 14.6.1968 incorporating the names of the alleged co-purchasers Sri Amrumal S/o Sri Manumal, Sri Khem Chand S/o Sri Amru Mal and Sri Kakkoo Mal S/o Sri Amru Mal is cancelled as the bidsheet shows that they were not the purchasers. Revision is allowed. The managing officer, Varanasi is directed to issue and the certificate of sale in favour of the revisionist, who are the heirs of the deceased Tota Mal, who was the auction-purchaser."
(3.) A restoration application was filed by the petitioner alleging that the order dated 10.1.1995 was passed upon a revision, which itself was highly belated, as it was filed after 23 years, and without there being any order for condonation of delay, the same was allowed ex-parte, by a cryptic order, without hearing the petitioner. Various other grounds were pressed for restoration of the proceedings.;