Krishna Murari, J. - (1.) This writ petition is a classic case of gross abuse of the process of the Court by the petitioner.
(2.) The facts are as under : Objection filed by the predecessor in interest of the petitioners under section 9-A (2) of the U.P. Consolidation of Holdings Act (for short 'the Act') in respect of khata in dispute was decided on the basis of a compromise between the parties by the Assistant Consolidation Officer vide order dated 30.12.1988. This order was challenged by the contesting respondents by filing a time barred appeal in the year 1994. The Settlement Officer Consolidation vide order dated 19.9.1994 refused to condone the delay and dismissed the appeal as barred by time. Contesting respondent Nos. 2 and 3 went up in revision before the Deputy Director of Consolidation. During the pendency of the revision, parties again filed compromise. The Deputy Director of Consolidation disposed of the revision on the basis of the compromise vide order dated 27.12.1995. The petitioners who are the son and wife respectively of the tenure-holder Kedar Lal who had compromised the dispute moved an application dated 27.7.1996 to recall the order dated 27.12.1995. The application was dismissed vide order dated 25.5.2001 on the ground that the petitioners had no right to move the recall application during life time of Kedar Lal. The petitioners approached this Court by filing Writ Petition No. 24142 of 2001 challenging the two orders of the Deputy Director of Consolidation namely, 27.12.1995 disposing of the revision in] terms of the compromise between the parties and 25.5.2001 dismissing the recall application filed by the petitioners This Writ Petition was dismissed was not pressed on the statement made by learned Counsel for the petitioners on 25.2.2004. After death of Kedar Lal and during the pendency of the writ petition No. 24142 of 2001 the petitioners moved another application dated 17.5.2002 for recalling the order dated 25.5.2001 which was dismissed on 17.5.2002. Petitioner No. 1 again approached this Court by filing Writ Petition No. 23407 of 2002 challenging the order dated 17.5.2002. Initially vide order dated 31.5.2002 while issuing notices to the respondents this Court stayed the operation of the said order till 2nd September, 2002. After the respondents entered appearance the writ petition was got dismissed as not pressed on 25.2.2004. Again a recall application dated 3.8.2004 was filed by both the petitioners for recalling the order dated 27.12.1995, 25.5.2001 and 17.5.2002. The Deputy Director of Consolidation vide order dated 26.12.2005 dismissed the application against which the present writ petition has been preferred.
(3.) The order of the Deputy Director of Consolidation dated 27.12.1995 passed on the basis of the compromise between the parties was never sought to be recalled by Kedar Lal the predecessor in interest of the petitioners during his life time. It was only the petitioners who made all efforts to get the order recalled even though the applications filed by them during life time Kedar Lal were not maintainable and were rightly dismissed. The petitioners also took chance by filing two writ petitions before this Court and later on got them dismissed as not pressed and approached the Deputy Director of Consolidation with a recall application for third time after death of Kedar Lal.;