- (1.) The petitioner has challenged the order of the Director, Consolidation of Holdings, Haryana, Chandigarh dated October 29, 1992, in this petition under Articles 226/227 of the Constitution of India.
(2.) The Associated Cement Company Ltd., Bhupindra Cement Works, Surajpur, District Ambala filed a petition under Section 42 and 43-A of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short, the Act) before the Director, Consolidation of Holdings, Haryana, praying that the records pertaining to Khasra Nos. 84, 127 min, 138, 139 and 140 bearing khewat/khatauni No. 55/68 situated in village Mallah, Had Bast No. 174, Tehsil Kalka, District Ambala be corrected. The Director remanded the case to the Consolidation Officer, Ambala. The Consolidation Officer vide his order dated April 25, 1989, after spot inspection, made the necessary corrections in the record of rights. He found that area comprised in khasra No. 84 had been included in killa No. 127. After making necessary correction under section 21(2) of the Act, the record was consigned to the record room.
(3.) Gram Panchayat, Mallah moved an application to the Director, Consolidation of Holdings Haryana for setting aside the order of remand, but the same was dismissed in default on January 5, 1990. The Gram Panchayat thereafter moved second application before the Director, Consolidation of Holdings, for restoration of the case dismissed vide order dated January 5, 1990, but the same was dismissed by order dated June 6, 1991. The Director, Consolidation of Holding found that the order passed by his predecessor dated December 10, 1987 was not challenged by the Gram Panchayat and the Consolidation Officer had complied with the directions contained in the aforesaid order while passing the order dated April 25, 1989 under Section 21(2) of the Act. The Gram Panchayat still did not feel satisfied and moved a petition under section 42 of the Act for reopening the matter. The application was dismissed by the Director, Consolidation of Holdings Haryana vide order dated October 29, 1992. He concluded thus :- "I have come to the conclusion that the case may be heard on an application dated 29th May, 1992 filed by the Gram Panchayat, so that if there is any injustice done to the Gram Panchayat, then the proceedings may be conducted. After hearing the formal arguments and perusal of the record produced by the Patwari, I have come to the conclusion that the Consolidation Officer, has implemented the order passed under section 42 of the Act and no injustice has been done to the Gram Panchayat.";