RAM KALA Vs. ASSISTANT DIRECTOR

JUDGEMENT

(1.) Ram Kala (deceased), now represented by his sons, Rameshwar and Radha Kishan, daughters, Mahnti and Sarat Kaur, and widow Rattan Kaur, filed the present writ petition challenging the order of the Assistant Director, Consolidation of Holdings, Patiala, dated May 20, 1959, regarding the land allotted to him in consolidation proceedings in village Samchana, tehsil and district Rohtak.

(2.) This petition has rather a chequered history. The order of the Assistant Director dated May 20, 1959, was passed in exercise of powers under Sub-section (4) of Section 21 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1949 (hereinafter referred to as the Act), in appeal filed by Lal Chand respondent against the order of the Consolidation Officer. The decision of the Assistant Director adversely affected the rights of Ram Kala who challenged the same before the Additional Director, Consolidation of Holdings, and his revision petition was accepted on August 23, 1961. The Additional Director held that according to the scheme, Ram Kala was entitled to chahi area inasmuch as such area had been withdrawn from him but no chahi area had been allotted to him. The order of the Additional Director dated May 20, 1959, was consequently set aside and that of the Consolidation Officer restored. Maya Chand and Daya Chand, respondent Nos. 2 and 3, challenged the order of the Additional Director dated August 23, 1961, in C.W.P. No. 184 of 1962, which was allowed on October 15, 1962, on the ground that the Additional Director has passed the order without notice to them. The order of the Additional Director dated August 23, 1961, was quashed and the case was remanded to him for fresh decision. The Additional Director, after hearing the parties, again passed an order similar to one dated August 23, 1961. This order was passed on January 9, 1963. It was again challenged by Maya Chand and Daya Chand, respondent Nos. 2 and 3 in C.W. No. 514 of 1963, which was accepted on November 3, 1965, on the basis of the authority Roop Chand V. The State of Punjab and another,1963 PunLR 576, wherein it was held that the Additional Director, Consolidation of Holdings, could not sit in revision against the order of the Assistant Director which the latter had passed under the delegated authority of the State Government under Section 21(3) of the Act. Since the order of the Assistant Director dated May 20, 1959, held the field, Ram Kala filed the present writ petition challenging the same on various grounds.

(3.) During the pendency of the writ petition, respondent No. 4 Deepan and respondent No. 7 Baba Amar Dass died. The order dated May 20, 1959, which is sought to be quashed in this petition affected their kurrahs. Ram Kala applied for impleading their legal representatives which was rejected vide order dated November 23, 1973, on the ground of limitation. As no effective order could be passed against the legal representatives of Deepan and Baba Amar Dass, this writ petition was dismissed vide order dated March 28, 1974.