S.N.Srivastava, J. - (1.) Heard learned Counsel for the petitioner and learned Counsel for caveator Opposite Party No. 3 and duly considered the materials on record. From the materials on record, it transpires that Appeal No. 71 of Ghirau, Opposite Party No. 3, was allowed without impleading the petitioner and his chak was altered. Revision preferred against the appellate order was dismissed on the ground that since a writ petition is pending and an interim order was passed in that petition, it would violate the interim order.
(2.) On the request of learned Counsel for petitioner, record of Writ Petition No. 73141 of 2005 was summoned. From which, it transpires that the parties in this writ petition are not the parties to the writ petition aforesaid Deputy Director of Consolidation erred in law in refusing to pass order on merit.
(3.) Record further makes it clear that appellate authority passed orders without hearing petitioner, without application of mind and without recording any reason in the order. In the circumstances, both the impugned orders passed by Assistant Settlement Officer, Consolidation and Director of Consolidation, Siddharthnagar, are liable to be quashed.;