UDMI AND OTHERS Vs. MANI RAM AND OTHERS

JUDGEMENT

(1.) THIS is a petition of Udmi Ram and his relations directed against the order passed by the Additional Director, Consolidation of Holdings, respondent No. 4, on 13th February, 1963, taking away rectangle No. 91 and allotting it to the tenants Indraj and Hira respondents Nos. 2 and 3.

(2.) THE consolidation operations in village Kharian Sureran, Tehsil Sirsa, took place somewhere in 1960 and the repartition under sub -section (1) of section 21 of the hast Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter called the Act) was effectuated on 9th of March 1961. On 17th of June, 1961, this repartition was confirmed under subsection (2) of section 21 of the Act.

(3.) ON behalf of the State it is contended by Mr. Goswami that this compromise had never been brought to the notice of the Additional Director while for the tenants it is submitted by Mr. Bindra that the compromise, if any, does not affect the board principle that the tenants had to be allotted land from the khata of the joint owners under whom they were working. In my opinion the proper course for the Director is to reconsider the matter if he is moved by the petitioners to take note of the compromise and if he feels satisfied that in his previous order it had not been taken account of.