Rajan Roy, J. - (1.) Heard Mr. R.S. Pandey, learned Counsel for the petitioner and Sri D.C. Jain, Advocate holding brief of Sri R.N. Dubey, learned Counsel for opposite party No. 2. A joint who is the authority competent to take decision in this matter as per Sec. 48(3) of the U.P. Consolidation of Holdings Act, 1943. In the meantime, as per the record, some application was filed by the petitioner herein alleging that the reference was not in conformity with the factual position regarding possession as existing on the spot relating to the chak in question. Based on this application, a report was requisitioned from the Additional Consolidation Officer who submitted the same on 9.9.2008 annexing therewith a map allegedly dated 19.9.2008 wherein it was mentioned that the reference was contrary to the agreement between the co -sharers. The reference so submitted before the Deputy Director of Consolidation subject to the modification suggested on 9.9.2008 was accepted by the Deputy Director of Consolidation vide his order dated 25.10.2008.
(2.) Being aggrieved by this order, the opposite party No. 2 filed an application for recall of the same, inter -alia on the ground that at no stage was he heard before the Deputy Director of Consolidation before passing of the said order and he had absolutely no knowledge of the subsequent report dated 9.9.2008 and the preparation of the map annexed therewith.
(3.) Based on this application for recall the impugned order dated 15.10.2010 has been passed whereby the Deputy Director of Consolidation has not only recalled the order dated 25.10.2008 but has also remanded the matter back to the original stage of preparation of the reference by the Assistant Consolidation Officer.;