- (1.) Heard Sri C.L. Yadav for the petitioner.
(2.) The writ petition has been filed against the order of Deputy Director of Consolidation dated 11.1.2016 by which he has recalled the order dated 19.10.2013 and restored the revision to its original number.
(3.) Against the order of Consolidation Officer dated 25.3.2011, dismissing the objection of the petitioner under Section 9 B of UP C.H. Act 1953, the petitioner filed a revision i.e. Revision No. 250. It is alleged that before the revisional court, the opposite party appeared. Ultimately 11.10.2013 was the date fixed for argument. On 11.10.2013 Babulal moved an application for adjourning the case on the ground that he has engaged a new counsel as such he may be granted some time for preparation of case. However, the Deputy Director of Consolidation reserved the judgment and directed the parties to file their written argument up to 17.10.2013 and fixed 19.10.2013 for delivery of judgment. On 19.10.2013 the judgment was pronounced on the ground that Babulal could not file written argument. Thereafter a recall application was filed by Babulal on 19.10.2013 for recalling the order dated 19.10.2013 on the ground that he had not been given proper opportunity of argument. The Deputy Director of Consolidation by the impugned order dated 11.1.2016 found sufficiency of cause shown by Babulal for recalling the order and he had recalled the order dated 19.10.2013 and restored the revision to its original number with the cost of Rs. 300/-. Further he fixed 24.2.2016 for argument in the revision. Hence this writ petition has been filed.;