ANAND PRAKASH AND OTHERS Vs. D.D.C.AND ANOTHER
LAWS(ALL)-2008-9-276
HIGH COURT OF ALLAHABAD
Decided on September 15,2008

Anand Prakash and others Appellant
VERSUS
D.D.C.and another Respondents

JUDGEMENT

RAJES KUMAR, J. - (1.) HEARD Sri Abhitab Tiwari, learned Counsel for the petitioners, learned Standing Counsel appears on behalf of respondent No. 1 and Sri V.K. Singh, learned Counsel appears on behalf of respondent No. 2.
(2.) LEARNED Counsel for the petition­ers submitted that Deputy Director of Con­solidation, Baghpat has passed the order dated 10.8.2004 in reference No. 225, under section 48 (3) of Consolidation of Holdings Act after hearing the Gaon Sabha and con­cerned parties. Present Gram Pradhan, Smt. Mithlesh, wife of Brahma Prakash, who has been elected as Gram Pradhan in the year 2005 moved an application on 29.9.2005 for the recalling of the order dated 10.8.2004 mainly on the ground that she was not heard. The said application was dismissed for want of prosecution on 25.4.2007. Again an application was moved for the recalling of the order dated 25.4.2007. By the im­pugned order, both the orders dated 25.4.2007 and 10.8.2004 have been recalled without assigning any reasons whatsoever. Sri V.K. Singh, learned Counsel appearing on behalf of the respondent No. 2 submitted that let matter may be re­manded back to the Deputy Director of Consolidation to decide the restoration application afresh after giving opportunity of hearing to both the parties.
(3.) IN view of the above, with the con­sent of both the parties, writ petition is be­ing disposed of at the admission stage it­self.;


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