IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 514 of 2010 (M/S) Arun Kumar and another ……… Petitioners Versus Gaon Sabha, Village Mohammadpur Panda & others .…… Respondents Shri Tapan Singh, Advocate holding brief of Shri J.C. Karnataka, learned counsel for the petitioners. Shri Arvinid Vashishta, learned counsel for the respondent nos.2 & 3. Dated: 13 May, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present writ petition has been filed by the petitioners challenging the order dated 20.03.2010 passed by Deputy Director Consolidation/Additional Collector Haridwar, Camp Roorkee, by which the learned Deputy Director Consolidation has set aside the order dated 05.07.1991 and restored the revisions to their original numbers. Learned counsel for the petitioners Shri Tapan Singh, submitted that learned the Deputy Director Consolidation has wrongly condoned the delay in filing recall application, as there was no sufficient ground for condoning the delay. He further submitted that on merit also the case of the petitioner was very good as petitioners were given chak on their original holding. He also submitted that infact the order dated 05.07.1991 which has been recalled by the Deputy Director Consolidation was not an ex-parte order as same was passed after hearing respondent no.3 i.e. Kirat Singh. I have seen the order dated 20.03.2010 passed by Deputy Director Consolidation, Haridwar. In his order, the learned Deputy Director Consolidation gave clear cut finding that order dated 05.07.1991 was passed against the dead person namely Nathu Singh and also without impleading his legal heirs namely Phaggan Singh and Kirat Singh. Even application for impleadment of Phaggan Singh and Singh was not moved by the petitioners. Thus, it is clear that the order dated 05.07.1991 was passed without hearing Phaggan Singh and Kirat Singh. In my view, the learned Deputy Director Consolidation has rightly recalled the order dated 05.07.1991. There is no illegality in his order. consequently, the writ petition is dismissed. Since the matter is very old i.e. of the year 1991 the Deputy Director Consolidation, Haridwar is director to decide the revisions very very expeditiously, if possible by 1st November, 2010. ( V.K. Bist , J.) 13.05.2010 Arpan