R.P. Singh, J. - (1.) By means of this writ petition the petitioner has prayed for a writ of mandamus and prohibition directing the respondent No. 1 not to decide the application moved by respondents 2 and 3.
(2.) The learned counsel for the petitioner submitted that since the Deputy Director of Consolidation had decided the revision after hearing the counsel for the parties and since the revision was heard and decided on merits, the respondents 2 and 3 could not move an application for recalling the order passed by Deputy Director of Consolidation on the ground that had no notice of the date of hearing and the order was passed without affording them an opportunity of hearing. In the present case the respondents 2 and 3 had simply filed an application before the deputy director of consolidation for recalling his order deciding the revision on merits alleging there in that they were ill and hence could not get any information about the date fixed in the case and the revision was decided by the Deputy director of consolidation without affording them an opportunity of hearing the application is still of the matter the writ petition before this court is pre - mature and misconceived it is open to the Deputy Director of Consolidation to decide the application and if he finds that the respondents 2 and 3 had already been given an opportunity of hearing, he will dispose of the application in accordance with law.
(3.) The learned counsel for the petitioner strenuously argued that the Deputy Director of Consolidation has no power to review and hence could not proceed to decide the application moved by respondents 2 and 3. No doubt there is no provision of review in U.P. Consolidation of Holdings Act but the present application moved by respondents 2 and 3 has been moved with the allegations that they were not aware of the date of hearing and could not have an opportunity of hearing before the Deputy Director of consolidation. Hence the application is only for recall of his earlier order on the grounds of the respondents 2 and 3 having not been given any opportunity of hearing. However, without expressing any opinion, it will be open to the Deputy Director of consolidation to go into the application and pass order in accordance with law.;