- (1.) Challenge in the present writ petition is to an order passed by the Commissioner, Gurgaon Division, Gurgaon on 26.11.2013 (Annexure P-5) under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 (for short 'the Act'), whereby an appeal filed by respondent Nos. 6 & 7 was allowed and the scheme of consolidation of land as modified by the Tehsildar-cum-Consolidation Officer on 02.11.2012 was restored. The petitioner herein is purchaser of land from respondent Nos. 8 to 13 vide different sale deeds executed in the year 2012. Respondent Nos. 6& 7 invoked the jurisdiction of the Additional Director (Consolidation) under Section 42 of the Act. The said application was allowed on 30.05.2012. It has also come on record that even the vendors of the present petitioner have purchased the land in the year 2011 vide sale deeds dated 18.05.2011, 23.05.2011 & 24.05.2011 i.e. after the draft scheme of consolidation was prepared on 10.08.2009 and confirmed on 14.06.2010.
(2.) Learned Commissioner while exercising the powers under Section 42 of the Act on 30.5.2012 found that respondent Nos. 8 to 13 have been allocated land illegally without keeping in mind the fact that they have purchased the land after finalization of scheme of consolidation. Hence the allotment was cancelled and the matter was remanded back to the Consolidation Officer, Faridabad to provide opportunity of hearing to respondent Nos. 6 & 7. After remand, the Tehsildar-cum-Consolidation Officer passed an order on 02.11.2012 amending the scheme. The petitioner filed an appeal against the said order, which was allowed on 31.12.2012 by District Revenue Officer-cum-Settlement Officer, inter alia, holding that the petitioner is a bona fide purchaser of land and that order dated 02.11.2012 has been passed at their back. Thus the direction was issued to the Consolidation Officer to decide the matter afresh. The appeal filed by respondent Nos. 6 & 7 was dismissed on 09.04.2013 by the Collector. However, in further appeal under Section 42 of the Act, the orders passed by the Settlement Officer (Annexure P-3) and the Collector (Annexure P-4) were set aside and that the order of Consolidation Officer (Annexure P-2) was restored.
(3.) The sole argument raised by the learned counsel for the petitioner is that the petitioner was not heard by the Consolidation Officer before passing the order on 02.11.2012.;