JAGJIT SINGH Vs. ADDITIONAL DIRECTOR CONSOLIDATION OF HOLDINGS

JUDGEMENT

(1.) THE petitioners are aggrieved by the order dated November 26, 1999 passed by the Additional Director Consolidation of Holdings, Punjab. A copy of this order has been produced as Annexure P12 with the writ petition. By this order the competent authority has recalled the order dated May 11, 1995 by which the application of the present petitioners under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 had been accepted. It was held that the petitioners were entitled to the allotment of additional area. A copy of this order dated May 11, 1995 has been produced as Annexure P8 with the writ petition.

(2.) THE order at Annexure P8 was challenged by respondent No. 3 and fifteen others. It was inter alia alleged that the consolidation proceedings in the village had been concluded in the year 1955. The present petitioners had filed the petition under Section 42 of the Act on February 15, 1995. There was a long delay. On an earlier occasion their claim had been rejected by the Additional Director vide order dated June 29, 1964. Thus, the claim could not have been entertained after a lapse of almost 40 years. It was also alleged that in fact the present petitioners had been allotted area in excess of their entitlement and that their claim was not tenable on merits.

(3.) MR . Jasbir Singh, learned Counsel for the petitioners, contends that in the circumstances of the case the delay should have been condoned. He further submits that the petitioners had been actually allotted area less than what they were entitled to. Thus, the Additional Director has erred in recalling the order passed on May 11, 1995. Is it so ?