Hemant Gupta, J. - (1.) The challenge in the present writ petition is to an order passed by the Additional Director, Consolidation of Holdings, exercising the powers of the State Government under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short 'the Act') dated 13.06.1968.
(2.) Vide the aforesaid order, the land measuring 9 marlas comprising in Khasra No.76/4 was allocated to Tek Ram, since represented by respondent No.3 herein, from the land allotted to the petitioners. The petitioners were allotted 10 marlas land comprising in Khasra No.64/11 in lieu of the said land.
(3.) Learned counsel for the petitioners contends that in a petition under Section 42 of the Act, copy of which has been appended as Annexure CWP No.6271 of 1994 P-3 with the petition, Bhagwana and Tek Ram son of Nathu were said to be the persons likely to be affected by the order which may be passed in such petition. But impugned order has been passed without issuing any notice to the petitioners. The land allotted to the petitioners during the course of process of consolidation has been changed without any opportunity of hearing to the petitioners. Therefore, the orders passed suffers from denial of principles of natural justice for not giving opportunity of hearing. It is pointed out that on the basis of impugned order, the mutation was sanctioned only 09.06.1993 when the petitioners came to know about the order passed by the Additional Director, Consolidation of Holdings and soon thereafter the petitioners have invoked the writ jurisdiction of this Court.;