- (1.) The petitioners pray for issuance of a writ of certiorari for quashing order dated 08.07.2009 (Annexure P-10) passed by the Director, Consolidation, Haryana, order dated 15.07.2003 (Annexure P-7) passed by the Sub-Divisional Officer (Civil)-cum-Assistant Director, Consolidation, Haryana and order dated 15.07.2003 sanctioning mutation No.2786 dated 05.05.2005.
(2.) Counsel for the petitioners submits that order dated 15.07.2003 passed by the Assistant Director, Consolidation, Haryana, directing implementation of order dated 13.05.1958, passed by the then Assistant Director, Consolidation, is null and void. The Assistant Director, Consolidation has no jurisdiction to entertain a prayer for implementation of an order after more than 40 years. It is further argued that though order dated 15.07.2003, does not adversely affect the rights of the petitioners, but while implementing the order and sanctioning mutation, the Sub-Divisional Officer (Civil)-Cum-Assistant Director, Consolidation, Haryana, has deprived the petitioners of their land. The petitioners, therefore, had no option but to approach authorities under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Consolidation Act'). The Director, Consolidation, has dismissed the petition filed against order dated 15.07.2003 by holding that there is no error in order dated 15.07.2003. It is further argued that as mutation has been sanctioned contrary to order dated 13.05.1958, the impugned order may be set aside and the Director, Consolidation, may be directed to consider the matter, afresh.
(3.) Counsel for the legal representatives of respondent No.4 submits that the petitioners do not deny that order dated 13.05.1958 was passed by the Assistant Director, Consolidation, allotting land to the petitioners and retrieving certain land from land allotted to them.;