SUDHIR NARAIN, J. - (1.) THIS writ peti­tion is directed against the order passed by the Deputy Director of Consolidation-respondent No. 1 dated 2-9-1981 dismiss­ing the restoration application filed by the petitioner.
(2.) THE fact is, in brief, are that in the basis year Khatauni the name of the petitioner was recorded in the consolida­tion records. Respondent Nos. 4 to 6 filed objections claiming sirdari rights over the land in dispute. The petitioner claimed Bhumidhari rights on the basis of a sale-deed alleged to have been executed on 17-4-1966 by one Sibbe Hasan. The Con­solidation Officer held that the petitioner did not acquires any sirdari right over the land in dispute vide order dated 7-11-1973. The petitioner preferred an appeal. The Settlement Officer of Consolidation dis­missed the appeal on 7-6-1974. The petitioner preferred a revision against this order. The revision was dismissed on 29-4-1978. The petitioner filed an application to recall the said order on 9-5-1978 on the ground that the case was pending before Sri Shahi Depiity Director of Consolida­tion and later on it was transferred of which he had no knowledge when the case was taken up on 29-4-1978 and decided ex pane. Respondent No. 1 has rejected the application taking the view that from the order- sheet, it appears that when the case was transferred, a date was fixed and the petitioner had knowledge in regard to the date fixed in the case. The petitioner filed an affidavit alleging that he had no knowledge of the date fixed in the case. The restoration application was filed within ten days of the order passed by respondent No. 1. The Deputy Director of Consolidation rejected the application on the ground that the order-sheet contains the signature of the petitioner. However, the signature was not verified.
(3.) CONSIDERING the facts and cir­cumstances of the case, the writ petition is allowed and the order of the Deputy Direc­tor of Consolidation dated 2-9-1981 is hereby quashed. As the matter is quite old, the restoration application shall be treated as allowed on payment of Rs. 5,000 as cost payable to the contesting respon­dent Nos. 4 to 6 within six weeks from today. The Deputy Director of Consolida­tion shall decide the revision within a period of two months from the date of production of k certified copy of this order.;