JAGDEV SINGH Vs. ADDL. DIRECTOR, CONSOLIDATION OF HOLDINGS

JUDGEMENT

(1.) THIS appeal has been preferred against order of learned Single Judge, dismissing the writ petition of the appellant against order passed by the Director, Consolidation under the provisions of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short, "the Act").

(2.) AS a result of consolidation of holdings, repartition was carried out. The appellant filed application under Section 42 of the Act, claiming that his plot was divided into two parts and he has not been allotted area in lieu thereof. The Director dismissed the application, holding that the appellant had sold his original area and in such situation, he had no right to any allotment. Writ petition against the said order has been dismissed.

(3.) LEARNED counsel for the appellant submits that even though the appellant had sold one out of the two plots and was entitled to allotment for the unsold area, which aspect has not been taken into account. Since learned counsel for the contesting respondents is unable to show any specific finding on this aspect, in the impugned order of the Director, without expressing any opinion on merits, we remand the matter to the Director for taking an appropriate decision in accordance with law, after considering the objection of the appellant.