WPMS No. 1136 of 2010 Hon’ble Tarun Agarwala, J. Mr. Arvind Vashistha, Advocate for the petitioner. Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. Manoj Sah, Advocate for the respondent. Mr. Arvind Vashistha, Advocate for the petitioner. Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. Manoj Sah, Advocate for the respondent. The name of the respondent was mutated in the revenue records apparently in proceedings initiated by the opposite party u/s 34 of the Land Revenue Act. By recording the name of the opposite party, the name of the petitioner’s predecessors was deleted. This order of the Tehsildar u/s 34 was passed in the year 2003. When the petitioner came to know about the said order in the year 2009, he filed a recall application which was allowed. The opposite party, being aggrieved by the said order, preferred an appeal before the Collector u/s 210 of the Land Revenue Act. The petitioner alleges that he had filed a caveat which was reported inspite of which notices were not served upon the petitioner and the appellate court proceeded and granted an interim order in favour of the opposite party. The petitioner, being aggrieved by the said order, has filed the present writ petition. The fact that the appellate court issued notice to the petitioner on the caveat or not and, if notices were issued, the fact whether the petitioner was served or not is a disputed question of fact for which cogent proof has not been provided in the writ petition except mere allegation that he was not served. Consequently, on this score, the Court is not inclined to interfere in the mater coupled with the fact that the writ petition has been filed against an interim order, which in the opinion of the Court, is not maintainable. Consequently, the writ petition is dismissed summarily and it is open to the petitioner to move a recall application before the appellate court. If such an application is filed, the appellate court will decide the application within two weeks after hearing both the parties. (Tarun Agarwala, J.) Dated 07.07.2010 Shiv