RAJAN ROY,J. - (1.) Heard.
(2.) The petitioner herein has challenged an order dated 31.7.2009 by which the Deputy Director of Consolidation (D.D.C.) has recalled the earlier order dated 27.8.2005/29.8.2005 passed under section 48(3) of the U.P. Consolidation of Holdings Act 1953 on the ground that the restoration/recall application filed by the respondent-herein had already been allowed on 13.2.2004, therefore, there was no question of rejection of the same application by the subsequent order dated 27.8.2005/29.8.2005 and also on the ground that the respondents herein who had filed the application for recall, had not been heard.
(3.) The contention of the learned counsel for the petitioner herein is that the private respondent in fact has no locus standi in the matter, as he claims his right over part of Gata No. 1363 which has been allotted to the petitioner on the basis of the lease-deed said to have been executed in his favour for construction of a house, whereas no such lease-deed has been annexed nor any documentary proof of grant of such lease was filed before the Courts below nor before this Court. Moreover, he says that the D.D.C. has no power to review his order, that too, an order passed on merits. In this regard he relies upon the Full Bench decision of this Court in the case of Shivraji v. D.D.C., Raibareli, 1997 (88) RD 562.;