Hon’ble A.P. Sahi, J.—Heard Sri Yanendra Pandey, learned counsel for the petitioner, Sri M.N. Singh, learned counsel for respondent No. 2, learned Standing Counsel and perused the material on record.

2. This petition questions the legality of the order passed by the Deputy Director of Consolidation, Varanasi (in short “the DDC”), whereby he has rejected the application moved on behalf of the petitioner for restitution of the judgment of the Consolidation Officer dated 30th July, 1994, on the ground that the entire evidence, which was available on record has been scanned by the appellate authority (Settlement Officer, Consolidation) and therefore applying the principles of merger, the DDC has arrived at the conclusion that loss of the judgment of the Consolidation Officer will in no way impede the proceedings.

3. Sri Yanendra Pandey,learned counsel for the petitioner has submitted that the aforesaid approach of the DDC is erroneous inasmuch as the findings and the reasons recorded in the order of the Consolidation Officer had to be necessarily gone into before any decision could be taken and that since judgment was not available on record, the appellate authority committed g