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Judgment
Arun Tandon, J.
Supplementary Affidavit filed today may be taken on record.
Petitioner had approached this Court earlier by means of Civil Misc. Writ Petition No. 34548 of 2007. The writ petition was disposed of on a statement made by the counsel for the writ petitioner to the effect that he shall seek his remedy, against the order passed under Section 33/39 of the Land Revenue Act impugned thereunder by initiating regular suit proceedings. In view of the said statement the writ petition was disposed of by providing that the writ petitioner is at liberty to seek his relief before the Court concerned.
Counsel for the petitioner submits that in the meantime consolidation proceedings have been notified for the village concerned and because of such consolidation proceedings, he has made an application for setting aside the order of the Consolidation Officer. He clarifies that on the strength of the order passed under Section 33/39 of the Land Revenue Act, the Consolidation Officer has directed recording of the name of the beneficiaries of the aforesaid order in the relevant revenue records. Against the aforesaid order the petitioner has stated to have filed a recall application. It is stated that his recall application is pending consideration before the Consolidation Officer.
Only relief prayed for in the present writ petition is for early disposal of his recall application. No other ground/relief is pressed by the writ petitioner.
Having heard learned counsel for the petitioner and the learned Standing Counsel, I am of the considered opinion that the application made by the petitioner for recall of the order passed by the Consolidation Officer if legally maintainable, may be considered in accordance with law without being influenced by any of the observations made by this Court in its order dated 30.07.2007 passed in Writ Petition No. 34548 of 2007, at the earliest possible.
It is made clear that this Court has not examined the merits of the recall application, in any manner.
Writ petition is disposed of.