DHAJA RAM Vs. GRAM SABHA OF VILLAGE MANANA

JUDGEMENT

(1.) This appeal under clause 10 of the Letters Patent is directed against an order of a learned Single Judge of this Court, dated 12th of March, 1970, whereby the Director, Consolidation of Holdings, Haryana, has been asked to deal afresh with the application of the appellants preferred under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act), quashing the orders that the Assistant Director, Consolidation of Holdings, exercising powers under Section 42 of the Act, had passed on that application on the 22nd of June, 1968.

(2.) In the scheme of consolidation of holdings for Village Manana, some area of land was reserved for the Gram Panchayat. Dhaja Ram and Bhaiya Ram, the appellants before us, feeling aggrieved preferred an appeal before the Assistant Director, Consolidation of Holdings, complaining that their major portion had been wrongly determined and praying that their kurrah may be changed with that of the Panchayat out of the land allotted to it under the scheme. Though no notice of the appeal was served on the Gram Panchayat, its Sarpanch Rattan Lal appeared before the Assistant Director and agreed to the exchange of the appellants' kurrah with that of the Gram Panchayat. This appeal was heard by Shri Ram Narain Singh on the 26th of June, 1964. He, however, found that he had no authority to make an order for exchange under Section 21(4) of the Act and accordingly advised the parties to approach the higher authority by an application under Section 42 of the Act, observing as follows :-

(3.) Thereupon an application under Section 42 of the Act was instituted before the Director, Consolidation of Holdings, and in due course it was made over to the Assistant Director, Consolidation of Holdings, Rohtak, who had been invested with the powers under Section 42 of the Act, for disposal. It so appeared that on the 22nd of June, 1968, when the matter came for hearing, Shri Ram Narain Singh, who had himself dealt with the appeal under Section 21(4) of the Act earlier and advised the appellant to seek relief before the higher authorities, was occupying the office of the Assistant Director, Consolidation of Holdings, Rohtak. Though he was fully conscious of the fact that the case before him was the one which had been previously dealt with by him under Section 21(4), he all the same proceeded to hear it and acceding to the appellants' request ordered exchange of their kurrah with that of the Panchayat. It is for quashing this order, dated 22nd of June, 1968, which forms Annexure 'B' to the writ petition, that the Gram Panchayat, Manana, approached this Court with a petition under Articles 226 and 227 of the Constitution.