Court No. - 49
Case :- WRIT - B No. - 2638 of 2019 Petitioner :- Lal Chand Respondent :- The Deputy Director Of Consolidation And 9 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of respondent No.1 It appears from perusal of the record that the revision was preferred by the private respondents of the present writ petition before respondent No.1/Deputy Director of Consolidation, Azamgarh under Section 48(1) of the U.P. Consolidation of Holdings Act, 1953 to set aside ex-parte order dated 21.12.2009 passed by the then Deputy Director of Consolidation (Administration) Azamgarh. From perusal of the record, it appears that by the order dated 21.12.2009, the then Deputy Director of Consolidation (Administration) Azamgarh ex-parte allowed the revision preferred by the petitioner. Since the private respondents are not party in that revision and was not heard, they filed restoration application. The aforesaid restoration application was allowed by order dated 18.01.2019 which is impugned in this writ petition.
It is settled law that if the ex-parte orders were passed, the authorities have full power to restore the matter or to recall the order passed ex-parte.
I have heard learned counsel for the parties and perused the record.
Complete justice has to be done by the respondent No.1/Deputy Director of Consolidation Azamgarh by passing order dated 18.1.2019. The order is correct and no interference is called for by this Court in the order impugned specially under Article 226 of the Constitution of India.
The petition devoid of merits and the same is hereby dismissed.
At this point of time, learned counsel for the petitioner prays that respondent No.1 be directed to decide the Revision No.464/1298 expeditiously.
Learned Standing Counsel has no objection to the prayer made by the counsel for the petitioner.
Considering the prayer made at this stage, without expressing any opinion on the merits of the issue, the respondent No.1/ Deputy Director of Consolidation Azamgarh is directed to consider and decide the Revision No.464/1298 in accordance with law expeditiously but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties.
Order Date :- 29.11.2019 saqlain