CLCON No.72 of 2011 Hon’ble V.K. Bist, J. MCC No.516 of 2011 (Recall Application) Shri Mangal Singh Chauhan, learned counsel for the petitioner/ applicant. Shri Dinesh Gahtori, learned Standing Counsel for the State/ respondents. Heard learned counsel for the parties. This application has been filed by the petitioner for recalling the order- dated 07.06.2011, by which the Contempt Petition filed by the petitioner was dismissed. On 22nd November, 2010, an order was passed by the Division Bench of this Court in Writ Petition no.02 of 2010 (PIL) “Jeet Singh Rawat Vs. State of Uttarakhand and others” directing the authority concerned to pass fresh order in respect of construction of road. It was made clear in the order that while doing so, measurement of the length and breadth of the road should be taken note of and it must be mentioned by referring to the revenue records, as on whose land, the road is being proposed to be constructed and whether there is authority to construct the same. Authority concerned was also directed to hear the petitioner afresh. The respondents have filed their counter affidavits in which they have mentioned that in compliance of the order dated 22nd November, 2010 passed by the Division Bench of this Court, the respondents decided the case of the petitioner by a reasoned and speaking order dated 06.01.2011, confirming the alignment already made. It was also submitted in the counter affidavits that some portion of the road was about to complete and it was not possible for the respondents as well as in the interest of the public exchequer to change the alignment. The Court considered the submission of the learned Standing Counsel for the State/respondents and dismissed the Contempt Petition on 07.06.2011. The petitioner has moved this recall application mainly on the ground that the respondents have filed the false affidavits before this Court by showing that they have complied the order dated 22nd November, 2010 passed by the Division Bench of this Court. I have carefully considered the affidavits filed by the respondents and I do not find that the allegation made by the petitioner that the respondents have filed false affidavits is correct. Consequently, the recall application is dismissed. In case, petitioner is aggrieved by the order-dated 07.06.2011, it is always open for him to challenge the same before the appropriate forum. (V.K. Bist, J.) Arpan 01.11.2011