Court No. - 17
Case :- WRIT - B No. - 4889 of 2018 Petitioner :- Roop Chand And 3 Others Respondent :- Deputy Director Of Consolidation Varanasi And 41 Others Counsel for Petitioner :- Brij Kishore Pandey Counsel for Respondent :- C.S.C.,Achchhey Lal Tiwari
Hon'ble Rajiv Joshi,J.
Sri A.K. Singh, Advocate filed vakalatnama on behalf of respondent no. 5 is taken on record.
Heard learned counsel for the petitioner and Sri A.K. Singh for the respondent no. 5 as well as learned Standing counsel for the State- respondent.
The present writ petition has been filed for quashing the order dated 30.5.2018 passed by the Deputy Director of Consolidation, District Varanasi in Restoration Application No. 1506 of 2016. The said restoration was filed by the petitioners for recalling the order dated 25.6.2016.
The contention of learned counsel for the petitioner is that the said order order has been passed ex-parte without hearing the other parties who are arrayed as opposite side in the memo of revision. The said application was rejected by the Deputy Director of Consolidation with the finding that that petitioners were heard before passing the said order and they have also filed written argument in the said revision.
It is further recorded by the Deputy Director of Consolidation that the application is appears to be a review which is not permissible under law and all the consolidation authorities have no jurisdiction to review its own order.
Apart from that order rejecting the restoration application, no other order has been challenged by the petitioners.
I have gone through the order impugned and perused the record.
There is no illegality or infirmity in the order impugned by rejecting the restoration application file by the petitioners. The revision filed by the petitioners has rightly been dismissed after due opportunity hearing to the petitioners.
The writ petition is totally misconceived and is accordingly dismissed.
Order Date :- 24.8.2018 Akbar