S.R. Misra

1. By means of the present writ petition, the petitioners seek issuance of writ in the nature of writ of certiorari, quashing the order dated 29-9-1986 passed by respondent mo. I annexed as Annexure 4 to the writ petition.

2. The controversy involved in the present writ petition is a short one and, for deciding the said controversy, it is not necessary to deal with the facts of the case, in great detail. The only relevant fact is that on 31-3-1986, Joint Director of Consolidation allowed a. revision filed by the petitioners. Gaon Sabha, respondent no. 2 filed a restoration application accompanied by an affidavit of DGC, and, the Deputy Director of Consolidation allowed' the same by the impugned order, hence this petition.

Sri S. D. Pathak, appearing for the petitioners, drew my attention to three points, they are, (1) that an observation made by a Court in its judgment should be taken to be final and the same cannot be contradicted by means of an affidavit, rebutting or disputing the judgment in which such observation is made, (ii) mind of the Deputy Director of Consolidation (for short 'DDC') while considering the 'question of restoration was influenced by the f