RAJIV JOSHI, J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel. This writ petition has been filed for quashing the order dated 6.4.2018 passed by the Deputy Director of Consolidation in restoration application no. R/02 filed by the petitioner for recalling the order dated 5.12.1973, whereby the revision filed by the father of the petitioner was dismissed on merits.
(2.) The record reflects that revision no. 18 of 1970-71 was filed by the father of the petitioner. During the pendency of the said revision, father of the petitioner had died. An application for substitution was filed by the mother of the petitioner, Smt. Mangiya, which was allowed and the mother of the petitioner as well as petitioner was substituted. Subsequently, the mother of the petitioner has died on 15.5.1973 and the petitioner, who was minor, was substituted and no guardian has been appointed. Ultimately, the revision was dismissed vide order dated 5.12.1973 on merits.
(3.) The order dated 5.12.1973 was challenged by the petitioner by means of Writ B No. 23282 of 2013, which was subsequently, dismissed as withdrawn vide order dated 6.9.2016 on the application filed by the petitioner. During the pendency of the aforesaid writ petition, the petitioner also filed restoration/recall application on 18.7.2016 along with an application for condonation of delay on the ground that revision was dismissed without hearing the petitioner and the order dated 5.12.1973 was ex parte. The said restoration application filed by the petitioner was dismissed vide order dated 6.4.2018 by the Deputy Director of Consolidation with the finding that no sufficient explanation has been given for condoning the delay of 43 years. The said order dated 6.4.2018 is impugned in the writ petition.;