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2014 DIGILAW 3534 (ALL)

Murli Dhar v. D. D. C.

2014-11-27

SUDHIR AGARWAL

body2014
JUDGMENT Sudhir Agarwal,J.: - Heard learned counsel for the petitioners and learned Standing Counsel for respondent no. 1. None appeared on behalf of respondents no. 2 and 3 though name of Sri Surya Kant, Advocate is shown in the cause list. 2. By means of impugned order dated 01.02.1993 the Deputy Director of Consolidation has recalled its earlier order dated 09.06.1987 on the ground that in collusion of employees of department the aforesaid order has been obtained but then he has not said anything about the adjustment of land for petitioners though some part of their land from Plot No. 358 was taken for road purposes for which reference was made by Assistant Consolidation Officer which was approved by Deputy Director of Consolidation vide order dated 09.06.1987. Moreover, he has also not examined the question of fraud and collusion, who has done so and in what manner it has been done, and in a cursory manner he has passed the impugned order. 3. In my view, unless finding of fact is recorded after due consideration of relevant facts, in a cursory manner, an order already passed and attained finality, cannot be recalled on the ground that it has been obtained by fraud, unless the issue of fraud is examined. The impugned order, therefore, cannot sustain. 4. The writ petition is allowed. Impugned order dated 01.02.1993 is hereby quashed. The matter is remanded to Deputy Director of Consolidation, Faizabad to pass a fresh order. No costs.