SURJIT SINGH Vs. ADDITIONAL DIRECTOR CONSOLIDATION OF HOLDINGS

JUDGEMENT

(1.) THE Petitioners have impugned the order of the Additional Director, Consolidation of Holdings, Punjab, Chandigarh (Respondent No. 1) dated June 24, 1988 (copy Annexure P-3, to writ petition) principally on the ground' that the order was passed without affording an opportunity of hearing to them.

(2.) IN order to appreciate the submissions made it is necessary to state a few relevant facts.

(3.) GRAM Panchayat, Mard Khera (Respondent No. 4) filed a petition under Section 42 of the cast Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short, the Act) against the order of the Consolidation Officer dated September 11, 1979 and the same was accepted by the Additional Director, Consolidation of Holdings, Punjab on January 25, 1980 The order of the Consolidation Officer was set aside and the case was remanded to him for deciding the matter afresh. The Consolidation Officer vide his order dated June 15, 1981, made various changes in the task affecting the various right holders of the village. The matter was again taken to respondent No. 1, who vide his order dated December 2, 1982, allotted the land out of the area of Respondent No. 4 to respondents 7 to 10. Respondent No. 4 again took the matter to respondent No. 1, who vide his order dated October 26, 1983, remanded the case to the Consolidation Officer. After remand, the Consolidation Officer decided the case afresh on December 16, 1986 and disturbed the holdings of 10 right holders, including the petitioners. The petitioners were not made parties either in the petition under Section 42 of the Act or in the proceeding taken after remand by the Consolidation Officer. The right holders who were affected by the order of the Consolidation Officer dated December 16, 1986, filed a fresh petition under Section 42 of the Act and same was dismissed by respondent No. 1 on September 4, 1987. The orders of the Consolidation Officer, dated December 16, 1986 and respondent No. 1 dated September A, 1987 could not be executed.