Court No. - 36
Case :- WRIT - B No. - 2948 of 2018 Petitioner :- Shankar Lal Respondent :- D.D.C. Hathras And 5 Others Counsel for Petitioner :- Sanjay Kumar Dubey,B.B.Rai Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The order dated 19.07.2017 passed by the Deputy Director of Consolidation, Hathras in Revision no.104/216/17 (Ramvi & others Vs. Shankar Lal & others) has been challenged in the present petition with the assertion that the revisionists were habitual defaulter and there was no occasion for the revisional court to set aside the order passed by the Deputy Director of Consolidation for rejecting the recall application in dismissing the appeal as abated.
A perusal of the order impugned shows that the revisional court had recorded a categorical finding of fact that the recall application dated 21.02.1994 filed by the recall applicant was dismissed for non prosecution on 23.02.1995. Another recall application for recall of the aforesaid order was filed and during the pendency of the said application, recall applicant had died. A substitution application dated 30.06.1995 was filed on behalf of the revisionists which was kept pending and the revisionists were not substituted as applicants. The recall application was rejected without impleading the heirs of the recall-applicant and the appeal was dismissed as abated on account of the death of the sole applicant/appellant.
The fact regarding filing of the substitution application dated 30.06.1995 before the appellate court as recorded in the order impugned is not disputed.
In view thereof, this Court does not find any error in the order passed by the revisional court.
The writ petition is found devoid of merits and hence dismissed.
So far as the merit of the recall application is concerned, it is still open for the petitioner to assail the same before the Settlement Officer Consolidation.
Order Date :- 29.3.2018 Himanshu