HARMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner impugns the order dated 18.04.1991 (Annexure P2) passed by the Director Consolidation, Punjab whereby the alleged ex parte order dated 09.06.1981 (Annexure P1) passed by the Additional Director, Consolidation, Punjab has been set aside and the file of the main case was ordered to be put up for fresh decision on merits.

(2.) THE case of the petitioner is that during consolidation, the land of his village was categorized as 'ABCDEFG' in gradings and at the time of allotment, he was given less area in a grading to which he was claiming entitlement. The petitioner then filed a petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 on 23.04.1981 which was accepted by the Additional Director, Consolidation vide order dated 09.06.1981 (Annexure P1) holding that the petitioner was entitled to allotment of additional land of 'G' grade and in this manner a part of the land in 'D' grade earlier allotted to him was liable to be re -allocated to the Gram Panchayat from whom 'G' grade land was ordered to be withdrawn. The order recites that Sarpanch of Gram Panchayat, who was present, agreed to the above -stated change.

(3.) AFTER eight years, the Gram Panchayat through one of its Panches, filed an application under Section 42 for the recall of the above -stated order dated 09.06.1991. That application was allowed vide impugned order dated 18.04.1991 as according to the Director, the Gram Panchayat was not served at the time of passing of the order dated 09.06.1981 and the report made by the Process Server was not worth acceptance.