IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Review Application No. 59 of 2010 Delay Condonation Application No.948 of 2010 In WRIT PETITION NO. 549 of 2002 (M/S) 1.Jeet Singh 2. Sauni Singh Both sons of Late Darbara Singh, through their next friends their mother Smt. Lakhvinder Kaur, R/o Chinkim, Pargana, Rudrapur, Tehsil Kichha, District Udham Singh Nagar. Petitioners. Versus 1. Deputy Director Consolidation/ Additional District Magistrate, Udham Singh Nagar. 2. Dalchand S/o Shobhi Ram, R/o Village Chhinki, Tehsil Kichha, District Udham Singh Nagar. Respondents. Mr. Arvind Vashihst, Advocate for the petitioners. Mr. S.K. Mandal, Advocate for the review-applicant. Date: - 25-02-2010 Hon’ble B.S. Verma J. The review application No. 59 of 2010 shall be treated as Restoration application. Heard on Delay Condonation Application No. 948 of 2010 accompanying with an affidavit. Grounds shown in the affidavit are sufficient to allow the delay condonation application. The delay condonation application is allowed. Delay in filing the restoration application is condoned. 2 Also, heard on Restoration Application No. 59 of 2010 accompanying with an affidavit. Grounds shown in the affidavit are sufficient to allow the restoration application. The restoration application is allowed. The order dated 14-12-2009 is recalled. Also, heard on merit. By a perusal of the order dated 08-11-2000, it reveals that the order was passed on merit after hearing the parties. The recall application dated 13-12-2000 which was moved by the respondent No.2 was allowed and order dated 08-11-2000 passed by the respondent No.1 in revision No.52/119/90-91 was set aside on 10-07-2002. Aggrieved by the order dated 10-07-2002 passed by the Deputy Director of Consolidation, Morababad, camp at Udham Singh Nagar, the petitioners have sought a writ in the nature of certiorari for quashing the order impugned dated 10-07-2002 passed by respondent No.1- Deputy Director of Consolidation/ Additional District Magistrate, Udham Singh Nagar whereby the recall application dated 13-12-2000 which was moved by the respondent No.2 was allowed and order dated 08-11-2000 passed by the respondent No.1 in revision No.52/119/90-91 was set aside on 10-07-2002. Briefly stated the facts of the case are that according to the petitioners the revision was filed against the order dated 12.07.1991 passed by the Settlement Officer Consolidation in appeal No. 358 under Section 21(2) of U.P. Consolidation of Holdings Act and was decided after hearing both the parties on 08-11-2000. The said appeal was filed by the father of the petitioners No. 1 and 2, who is now dead and the petitioners have been substituted in his place. 3 It has been further contended that infact the application dated 13-12-2000 has been wrongly titled as restoration application, it is review/recall application, since the parties were heard and revision was decided on merit. The reliance was placed by the petitioner on the Allahabad Full Bench High Court judgment Smt. Shivraji and others Vs. Dy. Director of Consolidation, Allahabad and others reported in 1997 RD 562 whereby the Consolidation Authorities cannot review/recall their final orders passed in proceedings under the U.P. Consolidation of Holdings Act. By a perusal of the order dated 08-11-2000, it reveals that the parties were heard. I am fortified in my view by the said judgment. In view of the aforesaid judgment, the Consolidation court has no power to review or recall of his own order, if order passed on merit after hearing both the parties. The order dated 08- 11-2000 where by the revision was allowed was recalled by exceeding the jurisdiction and thus committed manifest error of law. The writ petition is liable to be allowed on the legal grounds. The writ petition is allowed. The order dated 10-07-2002 passed by the Deputy Director of Consolidation is set aside and the recall application dated 13-12-2000 is hereby rejected. However, the liberty is given to the respondent No.2 to assail the order passed by the Deputy Director of Consolidation in appropriate Court. (B.S. Verma, J.) 25-02-2010 MK