ATMA SINGH Vs. ADDITIONAL DIRECTOR, CONSOLIDATION OF HOLDINGS

JUDGEMENT

(1.) THIS petition is directed against order dated 26.10.1983 passed by Additional Director, Consolidation of Holdings, Punjab, Camp at Rajpura (respondent No. 1) vide which he accepted the petition filed by Smt. Sukhdev Kaur (respondent No. 2) under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short 'the Act') and set aside order dated 18.8.1978 (wrongly described as order dated 31.7.1980) passed by his predecessor.

(2.) ONE of the grounds on which the petitioners have challenged the impugned order is that notice of the petition filed by respondent No. 2 had not been served upon them. They have placed on record English translation of notice dated 17.10.1983 issued by the office of respondent No. 1 and the report of the Process Server to show that when the latter had gone to serve the notice, majority of the addressees were not in the village. They have also averred that the impugned order is liable to be quashed on the ground of violation of the rules of natural justice because no opportunity of hearing was given to them.

(3.) I have heard learned counsel for the parties and perused the record.