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1964 Supreme(All) 37

S.N.DWIVEDI
Ram Narain – Appellant
Versus
Director of Consolidation, Varanasi – Respondent


Advocates:
Bhawani Prasad, for Petitioners; S. N. Singh and K. P. Singh, for Respondents.

Judgement

DWIVEDI, J. : The petitioners question the order of the Deputy Director (Consolidation) Camp Jaunpur, dated March 27, 1963 and the order of the Deputy Director (Consolidation), Jaunpur, dated August 6, 1963. The first order was passed in second appeal, while the second in revision under S. 48 of the Consolidation of Holdings Act as amended in March 1963.

2. The petitioners lost in second appeal and then filed a revision which, as already stated, was dismissed by the Deputy Director (Consolidation), Jaunpur. They impleaded by oversight the Director (Consolidation), Varanasi instead of the Deputy Director (Consolidation) Jaunpur. The mistake was detected today, and they have made, an application for substituting the Deputy Director (Consolidation), Jaunpur in place of the Director of Consolidation. By a separate order I have allowed that application. The technical flaw is now removed.

3. The Dy. Director (Consolidation) Jaunpur dismissed the revision summarily because he thought that the Deputy Director (Consolidation) Camp, Jaunpur, who had decided the second appeal, was not subordinate to the Director (Consolidation).

4. Section 48 pertinently provides :

"(1) The Director of C























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