SALIL KUMAR RAI, J.

(Civil Misc. Restoration Application No. 405837 of 2017)

1. Heard Shri A.N. Srivastav, learned counsel representing the petitioner, counsel for respondent No. 3, and learned Standing Counsel representing respondent Nos. 1 and 2.

2. In pursuance to the order dated 9.4.2018 passed by this Court, the learned Standing Counsel has produced the photocopy of the Notification dated 21.2.2003 issued by Consolidation Commissioner, Uttar Pradesh, Lucknow under Section 52(1) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') regarding closing of consolidation proceedings in Village Panditpur, Post-Jagatpur, District-Varanasi. The aforesaid notification is taken on record.

3. A perusal of the record shows that a resolution dated 10.3.2005 was passed by the Gaon Sabha resolving that 36 aires in plot Nos. 9, 10 and 11 which form part of new plot No. 49 be allotted to the minorities for use by them as graveyard.

4. Against the aforesaid resolution passed by the Gaon Sabha, objections were filed before respondent No. 1-Deputy Director of Consolidation, Varanasi (hereinafter referred to as, 'D.D.C.') stating that the land was already reserv