SAHEED Vs. DY. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Shri V.P. Rai, learned Counsel for the petitioner and Shri Shad Khan, who appears for the respondent No. 2. The petition is filed seeking a writ of certiorari quashing the orders dated 26.4.2008 and 7.6.2008 passed by the Deputy Director of Consolidation.

(2.) THE revision No. 194 was filed by the Abdul Waheed Khan. This revision arose out of proceedings for allotment of chaks. The revision was allowed by the Deputy Director of Consolidation by his order dated 26.4.2008 and with it connected revision was also allowed in part. The petitioner was arrayed as respondent in the revision. As such, aggrieved by the order dated 26.4.2008, the petitioner filed a restoration application claiming that the order dated 26.4.2008 was an ex parte order which has been passed without hearing him. The Deputy Director of Consolidation by his order dated 7.6.2008, has dismissed the recall application. Hence this writ petition.

(3.) IN view of the aforesaid fact, the restoration application itself was defective. The Court below has dismissed the restoration application on merits without noticing the aforesaid discrepancy that none of the person effected by the order dated 26.4.2008 were parties to the case initiated by means of the restoration application filed by the petitioner.