GHUMAN SINGH Vs. TARA SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge dated 01.03.2006 accepting the plea of the respondents by setting aside the impugned order dated 30.08.1982 re-opening an order passed by the Consolidation Officer on 24.03.1960 under the provisions of Sec. 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Act'). By virtue of the impugned order dated 30.08.1982, the Additional Director, Consolidation of Holdings, Punjab had remanded the matter back to the Consolidation Officer with a direction that he should scrutinize the record properly and make up the deficiency of the claimants, if any, from any other area.

(2.) Learned Single Judge noticed that while doing so, the Additional Director, Consolidation of Holdings, Punjab, ignored the fact that proceedings under Sec. 42 of the Act had culminated on 24.03.1960 conclusively determining the rights of the claimants. This order was challenged by way of another petition under Sec. 42 of the Act which was dismissed and rightly so as there was remedy of appeal under Sec. 21(3) of the Act which was availed of by the appellants but withdrawn for undisclosed reasons. Subsequently, a suit was also filed which met the same fate as also the appeal filed against the judgment and decree of the learned trial Court when it was withdrawn.

(3.) It was thereafter that an appeal under Sec. 42 of the Act was filed resulting in the order dated 30.08.1982, which was adversely commented upon by the writ Court to hold that the Director exceeded his jurisdiction, in view of the afore-stated extracted facts.