CHANAN SINGH Vs. ADDITIONAL DIRECTOR

JUDGEMENT

(1.) Though this writ petition, Chanan Singh petitioner seeks quashment of order dated 24.3.1979 Annexure P-5 of the Additional Director Consolidation of Holdings, Punjab, inter alia, on the grounds that the petitioner was proceeded ex-parte without any rhyme and reason although he had sent a telegram besides medical certificate showing his inability to attend the proceedings before the Additional Director, Consolidation of Holdings on 24.3.1979 due to serious ailment as well as on the ground of latter's competency to review the order of his predecessor that he had no power to exercise the delegated powers of the State again and also on the ground of petition being barred by time.

(2.) The brief resume of facts relevant for disposal of this writ petition is that during consolidation of holdings operation in village Gardhiwala in the year 1956-57, the Additional Director, Consolidation of Holdings exercising the powers under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1949 (hereinafter called the Consolidation Act) made certain changes in the area allotted to different right holders as per order dated 6.7.1964. As a result of this order some area including Killa Nos. 27/25/2 and 38/5 and 6, which were initially allotted to Lal Singh and Bahadure Singh respondent Nos. 3 and 4 during consolidation proceedings was given to Chanan Singh petitioner in lieu of his land comprised in Killa No. 63/35. The aforesaid Lal Singh and Bahadur Singh had not challenged the correctness of this order in Civil Writ Petition No. 2419 of 1961. This writ petition was however, withdrawn by Chanan Singh on an objection that a joint writ petition on behalf of Chanan Singh and Brahm Muni Dass was not maintainable. Thus the petitioner avers that the above referred order of the Additional Director became final and conclusive. In pursuance of that order the official of Consolidation Department changed the possession of the concerned right-holders. Chanan Singh petitioner obtained possession of the entire area including Killa Nos. 27/25/2 and 38/5 and 6. The petitioner further avers that he remained in cultivating possession of the area till date. In the meanwhile vide sale deed dated 7.1.1965, aforesaid Lal Singh and Bahadur Singh sold their land including the land comprised in Killa Nos. 27/25/2 and 38/5 and 6 along with some other area to Pritam Singh. Aforesaid Pritam Singh as per the petitioner got his name recorded in the cultivation column in the girdawari of some crops in collusion with Patwari although the petitioner remained in cultivating possession of the same. The petitioner further avers that no entry was made in the record of the Consolidation of Holdings regarding delivery of possession due to the stay order of the High Court in Civil Writ Petition No. 2554 of 1964 filed by Bachint Singh and others challenging the above-referred order dated 6.7.1964 of the Additional Director. Pritam Singh the alleged vendee of this land moved an application dated 13.12.1977 under Section 23 of the Consolidation Act, (Annexure P-1) before the Consolidation Officer, Jalandhar for delivery of possession of the land in dispute. The Consolidation Officer issued notice to the petitioner on 18.1.1978. Thereafter, on an objection of the petitioner the said application of Pritam Singh was dismissed. Thereafter, on 5.3.1979 the alleged vendee moved an application under Sections 42 and 43 of the Consolidation Act contending that he was aware of the order dated 6.7.1964 passed by the Additional Director and that he came to know of this order for the first time when he made an application to the Consolidation Officer, Jalandhar for delivery of possession. Notice given by the Additional Director on this application for appearance on 24.3.1979 at Hoshiarpur was served upon the petitioner 21.3.1979 in the evening when the petitioner had gone to the Clinic of Hakim Krishan Mittar in order to procure medicine because he was suffering from high fever and acute stomach pain. However, Hakim's treatment did not give any relief and on the following day the petitioner was taken to Government Hospital of Garhdiwala for treatment and on 24.3.1979, the petitioner was totally unable to move about due to seriousness of his illness and as such he was not able to attend the hearing of the case before the Additional Director. The petitioner then sent a telegram to the Additional Director requesting for adjournment in the case. In addition to this, the petitioner also obtained a medical certificate of a doctor from Government Hospital Garhdiwala and the sent the same to the Additional Director Consolidation through Master Harbans Singh who had also to appear before the said officer in connection with his own case on that very day. The petitioner also instructed the aforesaid Harbans Singh to hand over the certificate to O.L. Bahl, Advocate of Hoshiarpur with the request that Shri Bahl may appear before the Additional Director on behalf of the petitioner. The aforesaid Harbans Singh handed over the certificate to the Clerk of Shri Bahl as the latter had also undergone surgical operation and was unable to appear in the court. The clerk of Shri Bahl produced the Medical certificate before the Additional Director, but the latter did not pay any heed to the medical certificate and refused to adjourn the case the passed order Annexure P-5 on the same day. The above referred petition of Pritam Singh was accepted on that very day. In present petition, the petitioner has appended duly attested affidavits of Master Harbans Singh and the Clerk of Shri Bahl, Advocate, Annexures P-3 and P-4 respectively.

(3.) In the return filed by Pritam Singh respondent No. 2, it is maintained that Civil Writ Petition No. 1127 of 1979 (Hari Kishan etc. v. State of Punjab) challenging a similar order of Additional Director Consolidation, had already been dismissed by P.C. Jain, J. as he then was holding that no injustice had been caused to the petitioners of that writ petition. It was further averred that in the case in hand, no manifest injustice had been done to the writ petitioner because allotment of Killa No. 63/35 had been originally made as per option of the petitioner himself during the formulation of the consolidation scheme and that vide impugned order, the Additional Director had restored the possession of that very area to the petitioner. It is also stated that the petitioner had made a misrepresentation regarding he having remained in possession of the land in dispute. But on the other hand, it was maintained that the aforesaid Lal Singh and Bahadur Singh the original owners of the land, remained in its possession since the re-partition in the village from 1957-58 till January, 1965 when the answering respondents purchased this land and thereafter it remained in peaceful and continuous possession of the answering respondents till Rabi, 1977 when its possession was disturbed by Chanan Singh petitioner and he filed an application for restoration of possession which has accordingly been ordered by the Additional Director and this land is again in possession of the answering respondents. It was also averred that the land was uncultivable in January, 1965 when the answering respondents purchased it from respondents No. 3 and 4 for consideration and without notice and lot of improvements were made therein by converting from barani banjar kadim to chahi agricultural land. It was further averred that the aforesaid Lal Singh and Bahadur Singh were never served or heard by the Additional Director Consolidation while passing order dated 6.7.1964 and this order was not implemented vis-a-vis the writ petitioner and respondents No. 3 and 4. It was also stated that mutation No. 6263 dated 6.7.1967 was sanctioned on the basis of the above referred sale deed in presence of Chanan Singh petitioner who had identified the parties and he did not raise a little finger about the delivery of possession of this land. It was also averred that the petitioner remained in possession of his own land comprised in Killa No. 63/35 right from the year 1957-58 till today and this fact is reflected in Khasra girdawari Annexure R-3. It was further stated that in Civil Writ petition No. 255 of 964 filed by Bachint Singh etc. and decided on 29.9.1967, the above-referred order of the Additional Director dated 6.7.1964 was set aside as the Additional Director had made changes regarding allotment of land against the provisions of village scheme.