YOGINDER PAUL SHARMA Vs. ADDITIONAL DIRECTOR

JUDGEMENT

(1.) THIS petition is directed against orders dated 11.5.1982, 2.11.1982 and 27.9.1984 (Annexures P.5, P.6 and P.9 respectively) passed by Additional Director, Consolidation of Holdings, Punjab (respondent No. 1) and Consolidation Officer, Jullundur (respondent No. 2) under the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 (for short, 'the Act').

(2.) ALTHOUGH , learned counsel for the parties have addressed somewhat lengthy arguments, I propose to dispose of the writ petition by a short order because, in my opinion, order Annexure P.5 is liable to be quashed on the ground that while accepting the petition filed by respondent No. 3 under Section 42 of the Act, respondent No. 1 did not at all consider the question of delay.

(3.) UNDETERRED by adverse orders passed by different authorities, respondent No. 3 filed another petition in 1981 under Section 42 of the Act in which she claimed path for use of residential building constructed on land comprised in Khasra No. 110/24. The same was allowed by respondent No. 3 vide order Annexure P.5 and remanded the case to respondent No. 2 with the direction to make out necessary correction in the record so as to enable respondent No. 3 to use the residential building. In the purported compliance of the direction given by respondent No. 1, respondent No. 2 passed order dated 2.11.1982 (Annexure P.6) vide which he withdrew 10 kanals of land from Khasra No. 110/23 and transferred a part thereof to respondent No. 3.