Janardan Sahai, J. - (1.) The Consolidation Officer by his order dated 22.12.1973 had determined the valuation of plot No. 331/131/150 as 5 annas. The petitioner preferred an appeal, which was dismissed by the Settlement Officer, Consolidation by his order dated 9.12.1975. The petitioner filed a revision, which was dismissed by the Deputy Director of Consolidation by the order dated 27.10.1978. The petitioner then filed an application for setting aside that order on the ground that it was passed in his absence and he could not appear on account of attending to his duties as a Naib Tehsildar. The restoration application has been dismissed by the impugned order dated 8.8.1980 of the Deputy Director of Consolidation. Aggrieved the petitioner has filed the present writ petition.
(2.) I have heard Counsel for the petitioner.
(3.) No counter affidavit has been filed by the State. It is stated by the petitioner that the restoration application was filed by the petitioner on 24.11.1978 and it was within time. The Deputy Director of Consolidation in his order impugned has state that the petitioner has not explained that even after 27.10.1978 when the order was passed the petitioner could not on account of official work come to the Court before 24.11.1978. As the application was within time, no inference could have been drawn against the petitioner for not coming earlier than 24.11.1978. The petitioner has filed an affidavit in support of his case and there is nothing in the order dated 8.8.1980 to indicate that any counter affidavit thereto was filed. In the circumstances there was no material for disbelieving the averment made by the petitioner that he could not attend the Court as he could not get leave on account of official duties. In the circumstances the writ petition is allowed. The order dated 8.8.1980 passed by the Deputy Director of Consolidation is set aside and the Deputy Director is directed to restore the revision and dispose it of afresh on merits in Accordance with law. Petition Allowed.;