C.W.P No. 1223 of 1987 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 1223 of 1987 (O&M) Date of decision : August 13, 2010 Mahla Ram, ...... Petitioner (s) v. State of Haryana and others, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. S.P.Khatri, Advocate for the petitioner. Mr. H.N.Mehtani, Advocate for respondents No.2 and 3. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This writ petition has been filed challenging the order dated 14.8.1986 (Annexure P-6) whereby an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short `the Act') has been rejected by the Director Consolidation on the ground of its being time barred. Counsel for the petitioner has argued that in an earlier application under Section 42 of the Act which was decided on 30.12.1975, it was held as follows :- C.W.P No. 1223 of 1987 (O&M) ::2:: “....... Therefore, the sale in the above manner seems to be illegal but this can be decided by the civil Court. The petitioner is accordingly directed to seek his remedy in the civil court and when he gets the possession of the area in dispute he should file petition under section 42 of the C/H Act afresh for consolidation this number also near his other kurrah.....” Thereafter, the petitioner filed a civil suit and the same was decreed on 18.11.1978. Subsequent to that decree, the petitioner filed the instant application under Section 42 of the Act on 12.9.1979. A perusal of the impugned order reveals that the Director Consolidation has not at all noticed all these facts and has on a very sketchy reading of the record dismissed the application as being time barred. In my opinion, the application of the petitioner could not be dismissed on the ground of limitation. Consequently, this petition is allowed, the order (Annexure P- 6) is set aside and the matter is remitted back to the Director Consolidation for a fresh decision, in accordance with law, after hearing both the parties. As the main petition has since been allowed, all the pending civil miscellaneous applications, if any, also stand disposed of. ( AJAY TEWARI ) August 13, 2010. JUDGE `kk' C.W.P No. 1223 of 1987 (O&M) ::3::