MODAN SINGH Vs. DIRECTOR OF CONSOLIDATION OF HOLDINGS

JUDGEMENT

(1.) The Consolidation Officer, Abohar, passed an order under Section 21(2) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, (hereinafter referred to as the Act), affecting 19 Khewats. One of the persons affected thereby being one Dalip Singh who filed an appeal before the Settlement Officer, who by his order of November 4, 1965 remanded the case for fresh decision. The matter was then reheard by the Consolidation Officer and disposed of by his order of January 10, 1971 (Annexure P-1). A reference to this order would show that amongst the persons affected thereby where Hardam Singh, the petitioner in the connected writ petition and Sher Singh who is now represented by petitioners Modan Singh and others here. While Hardam Singh was present when this order was passed, no notice had been given to the present petitioners and this order was thus passed behind their back.

(2.) The challenge here is to the order of the Director of Consolidation of June 22, 1979 (Annexure P-3) upholding the impugned order of the Consolidation Officer of January 10, 1971 (Annexure P-1). The flaw in this order, according to the learned counsel for the petitioner being that it had been passed without notice to the petitioners and behind their back.

(3.) No return has been filed on behalf of any of the respondents nor has anyone cared to appear for them.