RAI SINGH Vs. DIRECTOR, CONSOLIDATION OF HOLDINGS, HARYANA

JUDGEMENT

(1.) This is a writ petition by Rai Singh and his two brothers Ram Sarup and Radha Krishan for issuance of a writ of certiorari quashing orders dated 2.6.1972 (Annexure P.4) and 20.2.1975 (Annexure P.7) passed by Settlement Officer (Sales)(Haryana) and Director, Consolidation of Holdings, Haryana respectively.

(2.) Briefly stated, the facts of the case which are material for the determination of the questions raised in this writ petition are that on a petition filed by one Chuharia, the Settlement Officer (Sales)(Haryana) Karnal, exercising powers under section 42 of the Consolidation of Holdings Act, made certain changes in the holdings of the petitioners. It is observed in the order that Rai Singh and others had refused service and ex parte proceedings were taken against them which culminated in the order dated June 2, 1972 (Annexure P.4). Aggrieved by this, the petitioners filed an application under Section 42 of the Act for setting aside the ex parte order. It was contended in this application that the ex parte order. It was contended in this application that the ex parte orders have been obtained on false representation.

(3.) The applicants were neither issued any summons for 2.6.1972 nor they ever refused to attend the Court on 2.6.1972. They filed affidavits in support of the application. This application was taken up by the Director of Consolidation of Holdings, Haryana, and he did not go into the question whether the petitioners had been served or not or that the Presiding Officer was justified in passing the impugned order or not. He dismissed the application on the ground that the applicants therein had sought a review of the order Annexure P.4 and that he did not have the jurisdiction to review the previous order passed under section 42 of the Act. Dissatisfied with this order, the petitioners have filed this petition.