WPMS/2180/2023
2023 Latest Caselaw 2539 UK

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                                  WPMS No.2180 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. T.A. Khan, Senior Advocate, assisted by Ms. Sadaf, Advocate, for the petitioner.

Mr. Yogesh Chandra Tiwari, Standing Counsel, for the State of Uttarakhand.

Mrs. Anjali Bhargava, Advocate, for respondent No.2.

A proceeding under Section 9 of Consolidation of Holdings Act, was decided by this Court by a judgment rendered on 26th October, 2017, in Writ Petition No. 2584 of 2007 (M/S), Rihana Vs. State of Uttarakhand and another. The said judgment has attained finality upto Hon'ble Apex Court, and even the Review Application before the Hon'ble Apex Court, has been dismissed.

Consequent to it, the proceedings under Rule 109 was resorted to before the Consolidation Officer by way of Case No. 58 of 2022-23, Smt. Rihana Vs. Gufran. The said proceedings under Rule 109 have been decided on merits by an order dated 27th December, 2022.

The question would be, that as against the order deciding the proceedings drawn by the present petitioner under Rule 109, which has been dismissed, whether a Recall Application, as preferred by the present petitioner, would at all be maintainable, in the light of the embargo created by the Full Bench Judgment of Allahabad High Court as reported in 1997 SCC Online All. 505, Smt. Shivraji and another Vs. Deputy Direction of Consolidation Allahabad and others.

In these eventualities, the learned counsel for the petitioner seeks to withdraw the Writ Petition, with the liberty to resort to appropriate remedy as available to her under law.

Permission is granted.

Order accordingly.

(Sharad Kumar Sharma, J.) Dated 28.08.2023 Shiv