S.U.KHAN,J. - (1.) HEARD learned counsel for the petitioner and Sri S.R. Yadav, learned counsel for the respondent No.3, who has appeared through caveat.
(2.) THE case of the petitioner is that land in dispute was allotted to his mother in the year 1968 by Gaon Sabha. However, in the revenue records, name of Smt. Kalawati Devi, mother of the petitioner was recorded for the first time in the year 1997 through order alleged to have been passed by C.O. on 12.02.1997, copy of which is Annexure-1 to the writ petition. In Annexure-1, it is mentioned that in the basic year, i.e. the year when consolidation proceedings started, land in dispute included in Khata Khatauni No.304 was entered as usar land. It is not mentioned that what was the basic year. It is further mentioned in the said order that Smt. Kalawati filed belated objection along with delay condonation application claiming that patta was granted to her in 1968 however due to ignorance, she could not apply for entry of her name in the revenue records. In the said order patta bearing date 14.03.1968 is mentioned to have been filed. Some witnesses were examined including Ram Roop, Pradhan. Patta was also shown to have been granted by Ram Roop, Pradhan. Two members of Land Management Committee, Lalta Prasad and Hublal also supported the case of Smt. Kalawati Devi. The C.O. Gyanpur District Sant Ravidas Nagar/Bhadohi accordingly passed the requisite order. In the said order, it is also mentioned that in the year 1968, there was no requirement of seeking permission of S.D.O. before allotment. Respondent No.3 Muralidhar filed appeal against the said order being Appeal No.1785. Appeal was dismissed on the ground that proceedings for cancellation of patta should have been initiated. Copy of judgment of appeal dated 06.12.1997 is Annexure-2 to the writ petition. It has been stated in Para-5 of the writ petition that thereafter respondent No.3 filed revision, which was allowed by D.D.C. on 03.07.2002 and matter was remanded to S.O.C. for reconsideration. However, order dated 03.07.2002 has not been annexed. Thereafter, it has been stated that S.O.C. allowed the appeal of respondent No.3 ex parte on 27.01.2005 against which petitioner filed restoration application which was rejected on 25.07.2006. Against both the orders, petitioner filed revision before D.D.C. D.D.C. allowed the revision (No.220 of 2007-08) on 22.09.2008 and again remanded the matter to S.O.C. The said order is Anenxure-3 to the writ petition.
(3.) FROM the perusal of the Annexure-3 to the writ petition, it appears that Gaon Sabha had also filed restoration application before C.O. In the order dated 22.09.2008, D.D.C. Varanasi Camp Sant Ravidas Nagar Gyanpur unnecessarily criticised the conduct of S.O.C. while setting aside the order of S.O.C. dated 27.01.2005. Against order dated 22.09.2008 restoration application was filed which was dismissed in default on 15.06.2009. Thereafter, respondent No.3 filed transfer application before Collector on 06.07.2009. It is alleged that thereafter on 13.07.2009, respondent No.3 again filed restoration application. Collector through order dated 26.08.2009 allowed the transfer application filed by respondent No.3 and transferred the file of the revision along with restoration application to himself. Said order is Annexure-9 to the writ petition and has been challenged through writ petition.;