Decided on April 19,1997

KARTAR CHAND Respondents


M.SRINIVASAN,C.J. - (1.)The first respondent herein filed C W P No 498/VJj challenging the order of the Additional Director of Consolidation of Holdings passed in exercise of his powers under section 54 of the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation? Act 19
(2.)A perusal of the writ petition shows that the grievance of the petitioner was that in Khasra No. 489/2 he was entitled to the extent of 4 Kanals 5 Marlas but m the proceedings of the Additional Director he had excluded 2 Kanal 15 Marlas from this Khasra number and included the same in the holdings of Jagdish Chand. who is also described at several places as Jagdish Ram, who was one of the owners who took Dart in \hl consolidation proceedings The said Jagdish Chand is the second respondent in the writ petition. When the writ petition came up for order initially, the petitioner had also filed civil misc. petition No 1022/89 for suspension of the order of the Additional Director of Consolidation In the said miscellaneous petition this court passed the following order on "Heard counsel on both sides. Status quo as on today will continue till disposal of the writ petition."
(3.)It is noticed from the record that on that date the counsel referred in the order were the counsel for the petitioner on one hand and the Deputy Advocate General on the other hand who was appearing for the State, No notice had been issued by that time either in the writ petition or in the miscellaneous petition to the private parties who are respondents 2 to 10 in the writ petition. The order also did not contemplate issue of notice those respondents. The order on the face of it is one till the disposal of the writ petition and it is a final order The order in the miscellaneous petition was passed without giving any opportunity to respondents No. 2 to 10 in the said petition to contest the same,

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