CHANDIGARH ADMN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Chandigarh Administration has filed this petition under Article 226 of the Constitution of India, for the issuance of an appropriate Writ, order or direction, quashing the order of the Additional Director, Consolidation of Holdings, Punjab, Chandigarh, dated 16th September, 1983, copy Annexure P-5 to the petition.

(2.) It is not necessary to state the facts, as the learned counsel for the parties are agreed with the real issue in controversy has not been decided by the Additional Director. It is also conceded at the Bar by the learned State counsel and Mr. D.S. Kang, learned counsel appearing for the private respondents, that the Additional Director, Consolidation of Holdings, could not legally order the correction of the record of rights, as has been done in the instant case by the Additional Director, Consolidation of Holdings. It is also conceded at the bar by the learned counsel for the respondents that the order of the Additional director, dated 8th October, 1964, in persuance of which petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, was filed, has not at all been adverted to. In this view of the matter, we find that the impugned order of the Additional Director cannot legally be sustained and the fresh petition ultimately filed in the year 1967 by the petitioner has to be decided afresh on merits, after affording full opportunity of hearing to the parties, keeping in view the observations made by the Additional Director in the order, dated 8th October, 1964.

(3.) Consequently, we allow this petition, quash the order of the Additional director, dated 16th September, 1983, copy Annexure P-5 to the petition and send back the case to him for deciding it afresh on merits in accordance with law.