“6. In so far as the averments in para 6 of the memo of Petition are concerned, I say that the petitioners seem to have overlooked the fundamental difference between a power of review and power of recall. I say that in view of the fact that the earlier order dated 17th March 1998, was an order passed in the absence of original land owners and without hearing them and was thus an exparte order, the said order has merely been recalled by the order dated 10th December 2007. I say that that the earlier order dated 17.3.1998, was recalled as the same was an exparte order. I say that it is a settled position of law that there is a fundamental difference in exercising a power of review on merits and in exercising the power of review on account of procedural infirmity. I say that the procedural review belongs to a different category. In such a review, the court or quasi judicial authority having jurisdiction to adjudicate proceeds to do so, but in doing so commits, a procedural illegality which goes to the root of the matter and invalidates the proceeding itself and consequently, the order passed therein also becomes invalidated. I say that when it is revealed that a decision is given by a quasi judicial authority without notice to the opposite party or under mistaken impression that the notice has been served upon the opposite party a power of procedural review is required to be invoked. ….I say that once it is found that the order was passed in the absence of an affected party, the order has to be recalled. I say that the order dated 10.12.2007, passed by the Quasi Judicial Authority clearly records that at the time of passing of the earlier order dated 17.3.1998, the fact that the original land owners or their new constituted attorney had not been
