HIGH COURT OF UTTARAKHAND, AT NAINITAL Writ Petition No.498 of 2005 (M/S) Anwar S/o Shri Mohd. Ishaq … Petitioner Versus U.P. Sanchalak Chakbandi / Addl. Collector, Haridwar and others …. Respondents Dated:- 25th October, 2010 Hon’ble Tarun Agarwala, J. Heard Mr. Lok Pal Singh, the learned counsel for the petitioner. List has been revised. No one appears for the respondents. It transpires that the respondent no.2 filed a revision under Section 48 of the Consolidation of Holdings Act. The said revision was decided by an order dated 07.04.2004. The petitioner filed a recall application alleging therein that no summons were issued nor were served upon the petitioner and that the revision was decided exparte. This recall application was rejected by the revisional court by an order dated 07th December, 2004, against which, the present petition has been filed. The revisional court rejected the recall application on the ground that the son of the petitioner Faizan had appeared before the revisional court and that his signatures were also recorded in the ordersheet. Before this court, the petitioner has categorically stated that the summons were never served nor had he authorised his son to appear before the revisional court nor had he signed the ordersheet. This fact has not been controverted specificially by the respondents in their counter affidavit. Only a bald denial has been made in paragraph 5 of the counter affidavit, which in the opinion of the court is not sufficient. The respondent no.1 has not filed any counter affidavit. In view of the aforesaid, this court is of the opinion that since the petitioner was not served with any summons, the question of his son appearing before the revisional court does not arise. Since the proceedings were exparte, the impugned orders dated 07.04.2004 and 07.12.2004 cannot be sustained and are quashed. The writ petition is allowed. The matter is remitted again to the revisional court to decide the revision afresh, after hearing all parties concerned. (Tarun Agarwala, J.) Dated 25.10.2010 LSR