NAND LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a writ petition under Articles 226 and 227 of the Constitution for impugning an order dated 28.3.1968, of the State of Haryana (Respondent 1).

(2.) Nand Lal petitioner and Baru, respondent 2, are right-holders in village Balu, Tehsil Narwana, where consolidation operations are taking place. A Scheme of consolidation was drawn up and confirmed. The repartition under Section 21 (1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter called 'the Act') was made. On appeal by the petitioner, the Settlement Officer by an order, dated 22-12-1965, effected some changes in the allotment of the petitioner. Some area was taken out of the allotment of Baru respondent and given to the petitioner. Baru was not impleaded as a respondent in that appeal. He, however, happened to be present before the Settlement Officer. In the order of the Settlement Officer, dated 22-12-1965 (Copy Annexure 'A'), it is recited :-

(3.) Baru made a petition under Section 42 of the Act against that order of the Settlement Officer before the Additional Director, who, on 28-3-1968, allowed that petition and set aside the order of the Settlement Officer. This order, dated 28-3-1968 (Annexure B to the writ petition) is being assailed as illegal on three grounds, only two of which are now being pressed at the time of arguments. They are :-