BASANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition is filed to quash the order of the Additional Director, Consolidation of Holdings, Punjab, dated 28.1.1981.

(2.) THE petitioner and respondent No. 2 and 3 are the owners of the certain lands in the chak of village Rai KHANA, Tehsil Talwandi Sabo, District Bathinda. The consolidation proceedings took place in the village during the year 1955-56 and were finalised in the year 1958-59. During the consolidation proceedings a passage or Pahi was carved out for running along Killa No. 55/3/4. Thereafter on 26.7.1979 i.e. nearly 20 years after finalisation of the consolidation proceedings, the 2nd respondent (Jagjit Singh) made an application Under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, praying that the passage running along his Killa No. 55/3/4/ be cancelled. That application was dismissed by the Additional Director, Consolidation of Holdings, Punjab, Chandigarh, by an order dated 13.12.1979. In the said order he took the view, that the passage has been carved out in the consolidation proceedings which have been finalised during the year 1958-59. Therefore, it was hopelessly barred by time. On merits, the Additional Director held that the passage-in question cannot be deemed as superfluous or unnecessary. Accordingly, he dismissed the application filed by the 2nd respondent.

(3.) THE main contention of the learned counsel for the petitioner is that the order of the Additional Director dated 13.12.1979 has become final and respondents No. 2 and 3 did not challenge that order, but instead they filed an application Under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948 and the order dated 28.1.1981 came to be passed on the said application. According to the learned counsel for the petitioner, the Additional Director has no power to review the earlier order passed by his predecessor on 13.12.1979. Therefore the order dated 28.1.1981 is liable to be quashed.