Anand Prakash and others vs D.D.C.and another

Rajes Kumar, J.—Heard Sri Abhitab Tiwari, learned Counsel for the petitioners, learned Standing Counsel appears on behalf of respondent No. 1 and Sri V.K. Singh, learned Counsel appears on behalf of respondent No. 2.

Learned Counsel for the petitioners submitted that Deputy Director of Consolidation, Baghpat has passed the order dated 10.8.2004 in reference No. 225, under section 48 (3) of Consolidation of Holdings Act after hearing the Gaon Sabha and concerned parties. Present Gram Pradhan, Smt. Mithlesh, wife of Brahma Prakash, who has been elected as Gram Pradhan in the year 2005 moved an application on 29.9.2005 for the recalling of the order dated 10.8.2004 mainly on the ground that she was not heard. The said application was dismissed for want of prosecution on 25.4.2007. Again an application was moved for the recalling of the order dated 25.4.2007. By the impugned order, both the orders dated 25.4.2007 and 10.8.2004 have been recalled without assigning any reasons whatsoever.

Sri V.K. Singh, learned Counsel appearing on behalf of the respondent No. 2 submitted that let matter may be remanded back to the Deputy Director of Consolidation to decide the restoration application afresh after giving opportunity of hearing to both the parties.

In view of the above, with the consent of both the parties, writ petition is being disposed of at the admission stage itself.

I have perused the impugned order dated 20.8.2008. No reasons whatsoever have been given for recalling of the order dated 10.8.2004. Deputy Director of Consolidation has not considered whether the order, dated 10.8.2004 has been passed after hearing Gaon Sabha or not and has not given any reason for recalling of the order dated 10.8.2004, therefore, the order is vitiated. However, I do not see any error in recalling the order dated 25.4.2007, by which the recalling application was rejected for want of prosecution.

In view of the above, writ petition allowed in part. Deputy Director Consolidation is directed to decide the recalling application moved by the Gaon Sabha afresh after giving opportunity of hearing to the petitioner in accordance to law by a speaking and reasoned order. Deputy Director of Consolidation is further directed to decide the matter within a period of three weeks from the date of presentation of the certified copy of the order, which the petitioner undertakes to file within a period of ten days, after giving opportunity of hearing to the petitioner and all concerned parties.