IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 782 of 2005 Date of decision: 8.9.2011 Kartar Singh and another …..Petitioners vs. State of Punjab and ors …..Respondents CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE VIJENDER SINGH MALIK Present: - Mr. Ranjit Saini, Advocate for the petitioners. HEMANT GUPTA, J CM No. 9263 of 2010 Application is allowed as prayed for. CWP No. 782 of 2005 Challenge in the present petition is to an order passed by Settlement Officer on 20.7.2004 (Anneuxre P-5), whereby the appeal was accepted and the matter remitted to the Consolidation Officer for the reason that the appellants before him were not served in the proper manner. Though, learned counsel for the petitioners has vehemently argued that the appellants before the Settlement Officer were properly served but a perusal of the summons shows that the service was of refusal. There is no evidence of proclamation of the notices in the village as is said to have effected in the order passed by the Consolidation Officer. CWP No. 782 of 2005 The order passed by the Settlement Officer does not suffer from any patent illegality or material irregularity as the effect of the order is that the appellant who was proceeded ex- parte had the opportunity to appear before the Competent Authority and enable the authority to pass an order in the presence of the parties. In view of the said fact, we do not find any ground to interfere in the order passed by Settlement Officer on 20.7.2004. Dismissed. (HEMANT GUPTA) JUDGE (VIJENDER SINGH MALIK) JUDGE 8.9.2011 preeti 2