Ramraj Yadav And 9 Others vs Deputy Director Of Consolidation ...
2023 Latest Caselaw 27942 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:194517
 
Court No. - 48
 

 
Case :- WRIT - B No. - 3476 of 2023
 

 
Petitioner :- Ramraj Yadav And 9 Others
 
Respondent :- Deputy Director Of Consolidation Chandauli And 2 Others
 
Counsel for Petitioner :- A.K. Maurya I
 
Counsel for Respondent :- C.S.C.,Chandra Prakash Pal,Shishir Kumar Dwivedi
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. I find merit in the argument of Sri A.K. Maurya, learned counsel for petitioners that Deputy Director of Consolidation on the one hand has confirmed that respondent therein/ applicant in restoration application, has not entered appearance during hearing of revision petition despite service, however, on the other hand, only in garb of an order passed by this Court to decide restoration application expeditiously, it has allowed application without even considering that in aforesaid circumstances as well as in the light of judgment passed by Full Bench of this Court in Smt. Sivraji and others vs. Dy. Director of Consolidation, Allahabad and others, 1997 SCC OnLine All 505 Revisional Authority has no power to recall or review any order passed on merit.

2. Sri Shishir Kumar Singh, learned counsel appearing for contesting-respondent has referred earlier part of impugned order that there were material on record that notice was not served upon respondent/ applicant in restoration application.

3. Despite service respondent has opted not to appear during revision proceedings and that there was no procedural error and without appreciating the judgment in Smt. Sivraji (supra) impugned order was passed, therefore, in aforesaid circumstances, the order impugned in this writ petition is not legally sustainable.

4. In the result, writ petition is allowed. Impugned order dated 06.07.2023 is hereby set aside. Matter is remitted back to Deputy Director of Consolidation, Chandauli to pass a fresh order considering submissions of all parties as well as taking note of Smt. Sivraji (supra). The aforesaid proceedings shall be completed within a period of three months from today, if there is no legal impediment.

Order Date :- 10.10.2023

AK