JOT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner and respondent No. 4 are the right-holders in village Beri Khas, Tehsil Jhajjar, District Rohtak. Consolidation took place in the village under the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 (hereinafter called 'the Act'). Respondent No. 4 filed an application under Section 42 of the Act before the Assistant Director in the year 1973, which was dismissed by him on October 17, 1973. He again filed an application under Section 42 of the Act the very next day of the dismissal of the application, which was decided on April 12, 1974. The impugned order is attached with the petition on annexure P/4.

(2.) The petitioner has challenged the aforesaid order on the ground that second application under Section 42 of the Act amounts to review and the Additional Director had no authority in law for review. It is settled law that under the Act, the second application under Section 42 of the Act cannot be entertained by the Additional Director. Moreover, respondent No. 4 concealed the fact of his filing the previous application under Section 42 of the Act, in his second application against column No. 9 which pertained to whether any earlier application under Section 42 was filed by the petitioner. He did not disclose the factum of his earlier application which he should have disclosed in all fairness. He should have taken all the grounds in his earlier application regarding all categories of land and the piece-meal applications cannot be permitted between the same parties.

(3.) Accordingly the impugned order is quashed, and the petition is allowed. No costs. It is, however, directed that the possessions will be exchanged only after the harvesting season.