SHER SINGH ETC Vs. STATE OF PUNJAB ETC

JUDGEMENT

(1.) Sher Singh and others have filed this petition under Articles 226 and 227 of the Constitution of India, calling in question the legality and propriety of the order of the Additional Director, Consolidation of Holdings, Punjab, dated 10th April, 1967, copy Annexure 'C' to the petition.

(2.) The only contention raised before me by Mr. H.L. Sarin, Senior Advocate, learned counsel for the petitioner, is that the impugned order of the Additional Director has been passed in contravention of the provisions of the Scheme, inasmuch as area from the first major portion of the petitioners has been withdrawn and given over to Arjan Singh and others, respondent Nos. 5 to 7 without any right. It is also submitted by the learned counsel that the Additional Director has passed an arbitrary order without considering the real controversy between the parties. On the other hand, Mr. Madan Mohan Panchhi, learned counsel for Arjan Singh respondent, submits that justice has been done between the parties and the impugned order does not deserve to be set aside in exercise of the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India.

(3.) After hearing the learned counsel, I find that there is considerable force in the contention of the learned counsel for the petitioners.