AMOLAK RAM ALIAS MULAKH RAJ Vs. AMRIK SINGH

JUDGEMENT

(1.) Before we proceed to adjudicate the writ petition, it would be appropriate to mention that counsel for the parties agreed on 18.09.2012 that instead of deciding the application for vacation of stay, the writ petition (wrongly typed as appeal in order dated 18.09.2012) may be decided.

(2.) The petitioner prays for issuance of a writ of certiorari quashing order dated 30.03.1983 (Annexure P3), passed by the Additional Director, Consolidation of Holdings, Punjab, Chandigarh.

(3.) Counsel for the petitioner submits that the petitioner was allotted Khasra No. 13/2/1 from rect. No. 190 by the Consolidation Officer, Ferozepur vide order dated 19.12.1980. Smt. Ishar Kaur widow of Ram Nath, respondent No. 2, filed a petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 before the Additional Director, Consolidation of Holdings, Punjab, Chandigarh, praying that this order may be set aside. The Additional Director, Consolidation of Holdings, Punjab, vide order dated 30.03.1983 quashed the order passed by the Consolidation Officer, Ferozepur. It is further submitted that order dated 30.03.1983 is illegal and void as it was passed without serving any notice upon the petitioner and other respondents. It is further pointed out that in the memorandum of parties, the petitioner's father's name was wrongly typed. The petitioner, therefore, filed an application, before the Additional Director, Consolidation of Holdings, Punjab, Mohali, for recalling order dated 30.03.1983 but the same was dismissed on 29.02.1996 by wrongly holding that summons were served upon the petitioner and the mere fact that the petitioner's father's name is wrongly mentioned in the memorandum of parties, is insufficient for the Additional Director, Consolidation of Holdings, to set aside the ex parte order, particularly, when there is no power of review available to him.