SOHAN LAL Vs. DIRECTOR CONSOLIDATION, HARYANA AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition is for the issuance of a writ in the nature of Certiorari, for setting aside the order dated 13.1.2009, passed by the Director, Consolidation, Haryana.

(2.) The private respondent filed an application under Sec. 42 of the Haryana Consolidation Act, 1948 (hereinafter referred to as Rs.the Act'), praying for allotment of a passage , on the plea that on account of a bonafide mistake by the Consolidation Officer, he was not provided a passage during consolidation. Notice of the application was issued for 19.12.2008. The petitioner put in appearance and on that very day, without affording any opportunity to the petitioner to inspect the record or file a reply, the Director Consolidation, Haryana, reserved the order and pronounced the judgment in favour of the private respondent on 13.1.2009.

(3.) Counsel for the petitioner submits that apart from the fact that the petition was barred by time and correction in the scheme of consolidation could not have been made after 40 years, the petitioner has not been granted an opportunity, much-less an adequate opportunity, to put forth his case. It is submitted that the petitioner appeared before the Director, Consolidation, Haryana, for the first time on 19.12.2008. On that very day, the petitioner was directed to address arguments and the order was reserved. It is submitted that as the petitioner has been denied an opportunity to put forth his claim, the petition be allowed and the order dated 13.1.2009 be set aside.