SATISHCHANDRA, P.N.BAKSHI
Ram Bahadur – Appellant
Versus
Deputy Director of Consolidation – Respondent
SATISH CHANDRA, J. :- The respondents 3 to 5 filed objections before the Consolidation Officer. The petitioner contested them. The objections were fixed for hearing on 11-12-1968. On that day the hearing was adjourned to 23-12-1968. They were allowed by the Consolidation Officer by an order of that date. Subsequently, on 4-1-1969 a notification under Section 52 of the U. P. Consolidation of Holdings Act was published. Thereafter, on January 15, 1969 the petitioner filed an application for setting aside the ex parte order of 23-12-1968. He alleged that he was all along present on that day but he was told that the ease would be heard on some other date of which notice will be given to him later. Upon hearing this he went away and subsequently he learnt that the objections had been decided on that day. The restoration application was dismissed by the Consolidation Officer without giving any reasons. The petitioner then filed a revision. The Deputy Director dismissed the revision on the view that by the issuance of the notification under Section 52 prior to the restoration application the application was not competent. He relied on a Single Judge decision in Mohd. Saddiq v. De
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