Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 19.5.1984 rejecting the application o. the petitioner to recall the order dated 19.5.1983.
(2.) During the consolidation proceedings, the objections were filed by the parties. The Consolidation Officer decided it in favour of the petitioner. The contesting opposite parties filed appeal before the Settlement Officer Consolidation. The Settlement Officer Consolidation remanded the case to the Consolidation Officer. Against this order of remand, the petitioner filed revision before the Deputy Director of Consolidation. Respondent No. 1 dismissed the revision on 19.5.1983 on merits holding that as the matter has been remanded and the parties have been given further opportunity to lead evidence and there is no illegality in the order passed by the Settlement Officer Consolidation.
(3.) The petitioner filed an application to recall the order dated 19.5.1983 alleging that the order was an ex-parte order. He alleged that he had come late in the Court because on 19.5.1983 when the case was decided the bus on which he was performing journey was late. Respondent No. 1 rejected this application firstly on the ground that the Counsel for both the parties argued the case and the order was not ex-parte order and secondly the revision was filed against the order of remand and there was no justification to set aside the order passed by the Settlement Officer Consolidation. The contention of the petitioner was that there was sufficient cause to recall the order dated 19.5.1983 passed by respondent No. 1 deciding the revision. A perusal of the order dated 19.5.1983 indicates that the order was passed after hearing Counsel for the parties concerned. The petitioner has not filed affidavit of his Counsel indicating that he had not argued the matter. The matter has been heard and the Counsel for the petitioner advanced the arguments. The presence of the petitioner at the time of hearing was not required. Secondly even on merit, the revision was against the order of remand and the petitioner having given opportunity to lead evidence afresh and urge his point before the Consolidation Officer, it was not fit case for recalling the order dated 19.5.1983, dismissing the revision against the order of remand.;