Sudhir Narain, J. - (1.) This writ petition is directed against the order passed by respondent No. 1, the Deputy Director of Consolidation, Allahabad dated 30-3-1996 rejecting the restoration application filed on 22-7-1994 by the petitioners.
(2.) The respondent No. 3 filed an application purporting to have been moved on behalf of Gaon Sabha, village Mohammadpur Naugawan, Pargana and Tehsil Soraon, district Allahabad, before Respondent No. 1 on 26-4-1994 purporting to be under Section 48(3) of U.P. Consolidation of Holdings Act alleging that the portion of plot No. 312 area 11 biswa 3 Dhur was covered with the house of the petitioners and the remaining area was covered with the houses of other persons of the village. It was further stated that a public pathways situated and the names of the petitioners were wrongly recorded in the revenue record. On this application, the respondent No. 1 issued notices. The notices were alleged to have been served upon the petitioners by affixation. As no body appeared on behalf of the petitioners, the respondent No. 1 passed an order on 11-7-1994 holding that plot No. 312; is the property of the Gaon Sabha and the entries in the names of the petitioners in respect of this plot were fictitious. He accordingly directed that the name of the Gaon Sabha be recorded as an abadi.
(3.) The petitioners filed an application to set aside this order on..the allegation that they were never served with the notices. Further, they have never come to know about the proceedings before the respondent No. 1 on the basis of any alleged affixation of notice. This application has been rejected by respondent No. 1 by the impugned order dated 30-3-1996 taking in view that once the affixation has been done, it will be presumed that the notices were served upon the petitioners. This order has been challenged in the present writ petition.;