MASSA SINGH Vs. ADDITIONAL DIRECTOR

JUDGEMENT

(1.) The petitioner and respondent No. 2 are right-holders in village Bhuro Gill, Tehsil Ajnala, District Amritsar. The consolidation proceedings in the village under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, hereinafter referred to as the Act, took place in the year 1962 and repartition was done under Section 21 (1) of the Act in February, 1962. Respondent No. 2 not satisfied with the repartition scheme filed objections on March 12, 1962, under Section 21(2) of the Act, before the Consolidation Officer which were decided on July 19, 1962, a copy of which is Annexure B to the writ petition. Still being not satisfied, respondent No. 2 filed an appeal under Section 21(3) of the Act before the Settlement Officer on August 13, 1962, which was dismissed by him on February 20, 1963. A copy of the order has been filed as Annexure C to the writ petition.

(2.) Against the order of the Settlement Officer, dated February 20, 1963, respondent No. 2 filed an appeal before the Assistant Director, Consolidation, on June 26, 1963, which was decided on August 21, 1963. Before filing the appeal under Section 21(4) of the Act, respondent No. 2 filed an application under Section 42 of the Act on May 21, 1963, against the order of the Settlement Officer which was decided by the Additional Director Consolidation on December 29, 1967. A copy of the order is Annexure G to the writ petition.

(3.) After the decision of the Assistant Director Consolidation under Section 21(4) of the Act, respondent No. 2 filed an application under Section 42 of the Act against the repartition scheme framed under Section 21(1) of the Act which was decided by the Additional Director Consolidation on March 22, 1966 copy Annexure F to the writ petition. The petitioner had not been made a party to the application under Section 21(2) of the Act or the appeal filed under Section 21(3) of the Act before the Settlement Officer but he was made a party to the appeal under Section 21(4) of the Act. He was also made a party to the application under Section 42 of the Act filed on May 21, 1963. He was not made a party to the application under Section 42 of the Act filed on July 1, 1965.