HARBHAJAN SINGH Vs. KARAMINGH

JUDGEMENT

(1.) This appeal is brought by special leave from the judgment and decree of the Punjab High Court dated 19th April, 1960 in Letters Patent Appeal No. 128 of 1960.

(2.) In the year 1955, consolidation proceedings under East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter called the Act) were started in the village Bholpur of District Ludhaina. In accordance with the provisions of the Act, a scheme for consolidation of holdings was published on 29th March, 1956. On 14th May, 1956 that scheme was confirmed under S. 20 of the Act. The Consolidation Officer accordingly re-allotted parcels of land to the appellant and respondents Nos. 1 and 8 in the village of Bholpur. Being dissatisfied with the allotment, respondents 1 and 8 preferred appeals under S. 21 (3) of the Act but these appeals were dismissed by the Settlement Officer. Respondents 1 and 8 thereafter preferred further appeals under S. 21 (4) of the Act to the Assistant Director, Consolidation of Holdings. The Assistant Director partially allowed the appeal of respondent No. 1 by his order dated 29th October 1957 but dismissed the appeal of respondent No. 8. On 10th February, 1958, the appellant moved the State Government under S. 42 of the Act for revision of the order passed by the Assistant Director in the appeal of respondent No.1. The Revision Petition was ultimately accepted on 29th August, 1958 by the Director held that the original order made by the Assistant Director on 29th October, 1957 was contrary to the scheme and was based upon a mistake of fact. The Director accordingly allowed the Revision Petition of Harbhajan Singh on 29th August, 1958.

(3.) It appears that Harbhajan Singh had filed two copies of the application under S. 42 of the Act and on one copy the Director of Consolidation of Holdings passed an order on 17th February, 1958 that the application should be put up with previous papers. On the second copy of the application the Director passed an order on 3rd April 1958 to the following effect:-