K.P.Singh, J. - (1.) This writ petition under Article 226 of the Constitution is against the judgment of the Deputy Director of Consolidation, Azamgarh dated 21-6-1973 in Revision No. 2306 under Section 48 of U. P. C. H. Act, The present writ petition arises out of proceedings for the allotment of chaks. The revision petition filed by contesting opposite party Prabhu Nath was allowed. Against the judgment of the revisional court the petitioner has come to this Court.
(2.) The main grievance raised on behalf of the petitioner is that the revision petition filed by the contesting opposite party No. 2 was beyond time and the Deputy Director of Consolidation has failed to deal with the aforesaid question. According to the learned counsel for the petitioner the disturbance of the petitioners chak by the revisional court was without affording proper opportunity to the petitioner and the order allotting water logging area to the petitioner is wholly unjust.
(3.) The learned counsel for the contesting opposite party submitted before me that the petitioner had not taken any specific ground in the writ petition that the revision petition was beyond time, hence the aforesaid point should not be entertained by this Court. He fur;her submitted that according to the view of a Full Bench case of this Court the Deputy Director of Consolidation should not dismiss the revision petition at the stage of final hearing when he had issued notice in the revision petition and had called the record of the subordinate authorities, hence no useful purpose would be served by calling upon the Deputy Director of Consolidation to examine the question raised on behalf of the petitioner. The learned counsel for the contesting opposite party has also filed a supplementary affidavit before me indicating that the question of limitation was not urged before the Deputy Director of Consolidation and that in the circumstances of the present case the delay in filing the revision petition should be deemed to have been condoned by the Deputy Director of Consolidation.;