Ram Surat Ram (Maurya), J. - (1.) HEARD Sri Prakash Chandra Shukla, holding brief of Sri N.C. Rajvanshi for the petitioners. This writ petition has been filed against the order of DDC dated 19.3.1997, by which the revision filed by Jagram was dismissed as withdrawn.
(2.) JAGRAM filed a revision in chak allotment matter against the order of SOC dated 5.6.1987. The revision was filed on 8.8.1996. Jagram moved an application before DDC on 13.8.1996 that instead of transferring the revision, it will be retained by DDC and decided by him. The revision was allowed by the order - dated 29.8.1996, by which Jagram was allotted chak on the land which was reserved for Gaon Sabha. On 31.8.1996, Jagram executed two sale deeds in favour of the petitioners. One sale -deed is alleged to be executed for sale consideration of Rs. 3,80,000/ -, out of which Rs. 3,30,000/ - was paid earlier and Rs. 50,000/ - was paid before the Sub -Registrar. The other sale -deed was executed for sale consideration of Rs. 80,000/ - out of which, Rs. 70,000/ - was paid earlier and Rs. 10,000/ - was paid before Sub -Registrar. On 2.9.1996, one Vijay Pal Singh filed an application for recalling of the order dated 29.8.1996. In the recall application, Vijay Pal Singh has stated that chak of Jagram was affirmed from the order of SOC dated 5.6.1987. It was not challenged by Jagram within time. In the meantime, Jagram took earnest money from him and agreed to sell it. However, he dishonestly, in mala fide manner, filed highly time barred revision on 8.8.1996 to deprive the petitioner from the land under the agreement between him and Jagram and the revision has been allowed by order dated 29.8.1996. On 4.9.1996, the District Government Counsel (Revenue) filed an application for recall of the order dated 29.8.1996, stating therein that on 20.8.1996, he was informed that as the revisions have been transferred from his Court, as such, the revision will not be heard by him. However, without hearing the arguments of State and Gaon Sabha, the revision was allowed on 29.8.1996. The land which was left for Gaon Sabha has been illegally allotted to Jagram by an ex parte order dated 29.8.1996, as such, the order is liable to be recalled. The recall applications were heard by DDC, who by order dated 10.12.1996, held that Jagram had already sold the land of his chak, as allotted to him from the stage of SOC, therefore, the land which was taken from his chak by the order dated 29.8.1996 was not available on the spot. It has further been held that by the order of District Deputy Director of Consolidation, the revision was transferred from the Court of Deputy Director of Consolidation and ignoring the transfer order, the revision was allowed, as such, the order was without jurisdiction. On these findings, he recalled the order dated 29.8.1996 and restored the revision to its original number.
(3.) THEREAFTER , Jagram moved an application dated 19.3.1997 for dismissing the revision as withdrawn. The application was allowed and the revision was dismissed as withdrawn by the order dated 19.3.1997. Hence, this writ petition has been filed.;