MARA SINGH Vs. STATE OF PUNJAB & ANR

JUDGEMENT

(1.) There is a commonality of point in CWP Nos. 7737 of 1991 & 15534 of 1992 as both the cases pertain to the scope of powers exercisable by the Additional Director/Director, Consolidation under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 and in both the cases, Gram Panchayat of village Khadial, Tehsil Sunam, District Sangrur is the contesting respondent. We thus proceed to decide both the cases by way of a common order.

(2.) In CWP No.7737 of 1991, the petitioner, namely, Mara Singh (since deceased) moved a petition under Section 42 of the Act alleging unfair allotment of land to him at the time of Consolidation and consequently to make good the deficiency. It is undeniable that the Gram Panchayat was proceeded against ex parte as according to the petitioner, the Sarpanch refused to accept the notice. The Gram Panchayat was said to have been served but by way of questionable substituted service. The Additional Director, Consolidation passed the order dated 29.12.1982 (Annexure P1) allotting 23 kanal 9 marla of land to the petitioner after withdrawing that area from the Gram Panchayat.

(3.) Subsequently, the Gram Panchayat filed a petition seeking recall of the above-stated order and to decide the petitioner's petition on merit. Accepting that petition, the Director, Consolidation passed the impugned order dated 24.01.1991 (Annexure P2) holding that the order dated 29.12.1982 which adversely affected the Gram Panchayat, was an ex parte order and passed without giving any opportunity of hearing to the Gram Panchayat. The original petition filed by the petitioner (Mara Singh) was thus restored and listed for afresh adjudication. The said order is under challenge in the instant writ petition.