KARNAIL SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Karnail 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 orders of the Collector, Surplus Area, Commissioner and the Financial Commissioner, dated 24th May, 1969, 22nd September, 1969, and 19th January, 1971 (copies Annexures 'B'. 'C' and 'E' to the petition) respectively.

(2.) The facts of this case, as given in the petition, may briefly be stated thus :-

(3.) Although various grounds have been taken in the petition, yet the only ground that has been pressed before me by the learned counsel for the petitioner, is that the order of the Collector, dated 24th May, 1969, was passed behind the back of the petitioner and without hearing him, that the petitioner was a necessary party and before passing that order, it was incumbent on the Collector to have heard him and that in these circumstances the impugned order dated 24th May, 1969 by which respondent No. 4 was declared to be a small landowner, is illegal and cannot be sustained.