- (1.) The challenge in this writ petition is to the order of the Additional Director Consolidation of December 30, 1975 (Annexure P.2) whereby a change was effected in the land allotted to the petitioner on consolidation. The petitioner in this case had been proceeded ex parte. It was observed in the impugned order that according to the report of the process server the petitioner had refused to accept summons. A copy of the summons had been affixed on his residence and despite this the petitioner did not appear.
(2.) It was the contention of Mr. Gujral appearing for the petitioner that the impugned order was contrary to law in that the Additional Director had decided the matter under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, without any appeal having been filed under Section 21(4) of the Act. Mala fides were also alleged against the Additional Director on the ground that Shri J.S. Minhas Additional Director Consolidation was married to the sister of one Lachhman Dass who was a friend of the respondent Baldev Singh.
(3.) The ground for imputing mala fides is clearly without basis. Such vague allegations cannot be accepted without anything more on record to raise any inference of mala fides.;