Rajan Roy, J. - (1.) Heard learned counsel for the parties.
(2.) By means of this writ petition, the petitioners have challenged an order dated 12.05.2003 passed by the S.D.O./S.D.M., Lalganj recalling an order dated 31.01.1966 passed under Section 229-B of the U.P.Z.A. & L.R. Act on the ground that the said order was passed ex-parte without hearing the Gaon Sabha that too based on a compromise filed by the plaintiff, fraudulently, as the land was recorded in the name of Gaon Sabha as Banjar, relying upon a decision of the Supreme Court reported in RD 1991 Page 109 that an order obtained by fraud is a nullity and also who has obtained it need not even be heard.
(3.) The contention of learned counsel for the petitioners herein is that the order could not have been recalled after almost 34 years that too when in the consolidation proceedings initiated in the year 1970 the objections of the private respondents under Section 9 of the U.P. Consolidation of Holdings Act, 1953, after being allowed by the C.O. vide his order dated 17.08.1972, was rejected in appeal filed by the petitioners vide order dated 14.09.1972 passed under Section 11(1) thereof allowing the same in favour of the petitioners and the revision of the private respondents under Section 48 before the D.D.C. was dismissed for want of prosecution on 16.11.2009, specially as, the order dated 14.09.1972 was not even disclosed by the respondents while seeking a recall.;