Vikram Nath, J. - (1.) Heard learned Counsel for the petitioner and Sri Vishal Khandelwal, learned Counsel appearing for Caveator Nos. 9 to 11. It may be noted that even though there are private respondents but it is not disputed that the contesting respondents are Nos. 9 to 11.
(2.) By the impugned order dated 30.11.2006 the Deputy' Director of Consolidation, Muzaffamagar has rejected the restoration, application of the petitioner dated 11.8.2006, which was filed for recalling the order dated 1.8.2006 passed ex parte against him. A perusal of the order dated 1.8.2006 indicates that on the date of arguments neither the petitioner nor his Counsel were present. The restoration application was filed with the allegations that the Counsel has wrongly noted the date as 10.1.2006 in place of 1.8.2006 and, therefore, immediately on coming to know of the order the restoration application was filed on 11.8.2006. Further by the order dated 1 8.2006 the Deputy Director of Consolidation had allowed the revision filed by the respondents and had set aside the order passed by the Settlement Officer of Consolidation which is alleged to be in favour of the petitioner. Since the revision had been allowed against the petitioner, without affording opportunity of hearing to him, in the interest of justice the orders, dated 30.11.2006 and 1.8.2006 are set aside and the matter is remanded back to the Deputy Director of Consolidation to decide the revision afresh after hearing to the par- ties. Counsel for both the sides agree that some date be fixed for appearance before the Deputy Director of Consolidation and on that date both the parties shall appear and the matter be decided at the earliest.
(3.) Considering the facts and circumstances of the case and the submission made by the learned Counsel for the parties it is provided that both the parties shall appear before the Deputy Director of Consolidation on 29.3.2007 on which date itself if possible the Deputy Director of Consolidation may proceed to hear and decide the revision on merits or may fix some date agreeable to the parties and decide the matter at the earliest within a period of two months from the date of production of certified copy of this order before him.;