- (1.) RAJES Kumar, J. Heard Sri N. C. Rajvanshi, learned Senior Advocate for the petitioners, learned Standing Counsel ap pears on behalf of respondent Nos. 1, 2 and 4 and Sri Rahul Mishra appears on behalf of respondent No. 3.
(2.) BY means of the present writ peti tion, the petitioners are challenging the or der dated 20th August, 2008 passed by the Deputy Director of Consolidation, Baghpat by which the Revision No. 80/228 filed by the petitioners against the order of the Consolidation Officer dated 21st February, 2003 has been dismissed. Brief facts of the case are that the Consolidation Officer passed the order dated 4th February, 2003. Respondents moved application on 8th February, 2003 for the recalling of the order dated 4th Feb ruary, 2003. The said application has been allowed on 21st February, 2003. The peti tioners filed revision against the said order dated 21st February, 2003 which has been dismissed by the impugned order. Learned Counsel for the petition ers submitted that the Consolidation Offi cer has allowed the recalling application of the respondents vide order dated 21st Feb ruary, 2003 without giving opportunity of hearing to the petitioners and without giv ing any reason whatsoever in the im pugned order, therefore, the order dated 21st February, 2003 is vitiated and liable to be set aside. He submitted that the Deputy Director of Consolidation has not ad dressed the aforesaid two submissions of the petitioners and has illegally dismissed the revision.
(3.) LEARNED Counsel for the respon dents though supported the order of the Deputy Director of Consolidation and fur ther submitted that in the interest of justice, if the recalling application has been al lowed no prejudice may be caused to the petitioners. However, he submitted that he has no objection if the matter is remitted back to Consolidation Officer to decide the recalling application afresh after giving opportunity of hearing to the petitioners by a speaking and reasoned order. Having heard the learned Counsel for the parties and in view of the statement made above, the writ petition is allowed. The impugned order dated 20th August. 2008 passed by the Deputy Director of Con solidation and the order dated 21st Febru ary, 2003 passed by the Consolidation Offi cer on the recalling application of the re spondents are set aside and the matter is remanded back to the Consolidation Officer to decide the recalling application dated 8th February, 2003 afresh after giving oppor tunity of hearing to all concerned parties by a speaking and reasoned order strictly in, accordance to law. Petitioners as well as respondents shall appear before the Consoli dation Officer on 18th September, 2008 along with certified copy of the order. The Consolidation Officer either hear the matter on the same day or may fix any other date for the disposal of the application. In any case, the application be disposed of within another period of four weeks. Petitions Allowed. .;