Allowed

Mohinder Singh v. State of Punjab etc.

Punjab & Haryana HC2 Aug 2011CWP/17640/2009

Case brief

AI extract

What is this about?

In a CWP, the High Court set aside orders passed by the Director, Land Record, Punjab affecting the petitioner's rights without a hearing. The Court held no order prejudicial to a party could pass behind their back and directed fresh determination with an opportunity of hearing.

What did the court decide?

Orders dated 3.9.2008 and 18.9.2009 passed by Director, Land Record set aside; claim to be determined afresh after giving opportunity of hearing.

Mohinder Singh Vs State of Punjab etc. — Property and Title | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.17640 of 2009 (O&M) Date of Decision : 02.08.2011

Mohinder Singh

... Petitioner

versus

State of Punjab etc.

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... Respondents

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CORAM: HON'BLE MR. JUSTICE SURYA KANT

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Present: Mr. S.P.Soi, Advocate for the petitioner.

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Ms. Sudeepti Sharma, DAG, Punjab.

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Mr. G.S.Nagra, Advocate for respondent No.2.

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Surya Kant, J. (Oral)

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(1) The prayer in the instant petition is for issuance of a writ of certiorari for quashing the orders dated 3.9.2008 and 18.9.2009 (Annexure P-4 & P-6) passed by respondent No.1.

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(2) The Director Land Record, Punjab passed an order dated 03.09.2008 in favour of respondent No.2 but without hearing the petitioner even though the said order appears to have effected the petitioner's right to some extent also. The petitioner moved an application under Section 42 of the Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 to recall the order dated 03.09.2008 but the Director, Land Record, Punjab vide order dated 18.09.2009 has rejected the application after observing that it would amount to review and there is no power of review under the Consolidation Act.

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(3) Having heard learned counsel for the parties, I am of the considered view that no order prejudicial to the interest of the

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CWP No.17640 of 2009 (O&M) -2-

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petitioner could be passed behind his back. That being so, the orders dated 03.09.2008 and 18.09.2009 passed by the Director, Land Record, Punjab are set aside with a direction to the said authority to determine the claim of respondent No.2 afresh after giving an opportunity of hearing to the petitioner and other persons likely to be effected. The appropriate order shall be passed within a period of three months from the date of receipt of certified copy of this order. Parties are directed to appear before the Director, Land Record, Punjab on 23.08.2011.

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(4) Order dasti.

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August 02, 2011 sonia

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(Surya Kant) Judge

Mohinder Singh v. State of Punjab etc.

Case brief

What is this about?

What did the court decide?

Mohinder Singh v. State of Punjab etc.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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