Salil Kumar Rai, J. - (1.) Heard Shri Narendra Deo Upadhyay, learned counsel for the petitioners and learned Standing Counsel as well as Shri R.S. Ram, learned counsel for the respondents.
(2.) Against the order dated 9.6.1997 passed by Settlement Officer of Consolidation (hereinafter referred to as, 'S.O.C.'), respondents filed a Revision under Section 48 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') before respondent No. 1-Deputy Director of Consolidation, Ghazipur (hereinafter referred to as, 'D.D.C.'), which was registered as Revision No. 1296/924/1077. The prayer of the revisionists in the aforesaid Revision was that area of their Chak on Plot No. 1041 be reduced and area of Chak allotted to them on Plot No. 855 be increased as the aforesaid arrangement would facilitate proper irrigation of Chaks allotted to the revisionist. Plot Nos. 854 and 855 were original holdings of the revisionists. The said revision was decided by respondent No. 1 vide his judgement and order dated 10.10.2002. However, respondent No. 1 through his order dated 10.10.2002 rearranged the Chaks allotted to the revisionists on Plot No. 855 and increased the area of Chak allotted to them on Plot No. 1041. There is recital in the order dated 10.10.2002 passed by respondent N0. 1 that the said order was being passed after hearing the parties through their counsels.
(3.) Aggrieved by order dated 10.10.2002 passed by respondent No. 1, respondent Nos. 2 to 7 filed restoration application before respondent No. 1 stating that they were not heard by respondent No. 1 In Revision No. 1296/924/1077. The respondent No. 1 vide his order dated 27.11.2003 allowed the restoration application filed by respondent Nos. 2 to 7 and rearranged the Chaks allotted to different persons including Chaks allotted to the petitioners. The aforesaid order dated 27.11.2003 has been challenged in the present writ petition.;