RATTAN CHAND ETC. Vs. THE DEPUTY COMMISSIONER ETC.

JUDGEMENT

(1.) The short question raised by this writ petition is whether Rule 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, is ultra vires.

(2.) The Petitioners are residents of village Mahatpur, Tehsil Una. Aggrieved by the allotment of land made to them in consolidation proceedings under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, the Petitioners applied in revision under Sec. 42 of the Act against the allotment. By his order dated November 20, 1970, the Deputy Commissioner, Bilaspur held that as the revision petition was filed beyond the period of limitation prescribed by Rule 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, it was barred by time. Accordingly, without entering into the merits of the case, he rejected the revision petition. The Petitioners now pray for certiorari against that order.

(3.) Sec. 42 of the Act provides: