PURAN SINGH Vs. ADDITIONAL DIRECTOR

JUDGEMENT

(1.) Puran Singh has filed this petition under Articles 226 and 227 of the Constitution of India for the issuance of an appropriate writ, order or direction, quashing the order of the Additional Director, Consolidation of Holdings, Punjab, dated the 27th of December, 1967 (Copy Annexure 'D' to the petition).

(2.) The petitioner is a rightholder of village Moodhal, tehsil and district Amritsar, where consolidation proceedings were started vide Punjab Government Notification No. 8/16292-A, dated 8th of November, 1957, issued under Section 14(1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act).

(3.) The main ground urged before me by Mr. H.S. Gujral, learned Counsel for the petitioner, is that the impugned order of the Additional Director is illegal and without jurisdiction as the same has been passed on a time-barred application filed under Section 42 of the Act by Sadhu Singh respondent and by condoning the delay on extraneous considerations. It is also contended by the learned Counsel that the affidavit on which reliance was placed by the learned officer while condoning the delay was wholly false. On the other hand, Mr. H.S. Wasu, learned Counsel for respondents 2 to 5 contends that this Court has no jurisdiction to interfere with the impugned order on this ground as valid reasons have been given by the Additional Director for condoning the delay and this Court in its extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India cannot look into the correctness of the reasons. After giving my thoughtful consideration to the entire matter I am of the view that there is considerable force in the contention of the learned Counsel for the petitioner.