Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
From the records of the present writ petition, this Court finds that the present writ petition has been filed by persons, who had made recall application in Revision No. 218-257/2000/806/G 748/G/16.6.03. The recall application is stated to have been granted by the Additional Commissioner (Administration) I, Gorakhpur Division, Gorakhpur dated 29th May, 2009. The person in whose favour aforesaid revision was decided earlier, filed revision being Revision No. 3 of 2009-2010 before the Board of Revenue. The revision has been allowed by the Board of Revenue and the order dated 29th May, 2009 has been set aside. Hence this writ petition.
On being asked as to how recall application could be made by the petitioners in Revision No. 218-257/2000/806/G 748/G/16.6.03, inasmuch as it was admitted on record that they were neither party in the proceedings nor any application for impleadment has been filed on their behalf, learned counsel for the petitioner could not answer. This Court may record that the recall application filed by the petitioners, who were not party to the proceedings nor any application for their impleadment was filed, is legally not maintainable.
The present writ petition is accordingly dismissed.
Order Date :- 11.1.2010 Sushil/-