IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.17640 of 2009 (O&M) Date of Decision : 02.08.2011 Mohinder Singh ... Petitioner versus State of Punjab etc. ... Respondents CORAM: HON'BLE MR. JUSTICE SURYA KANT Present: Mr. S.P.Soi, Advocate for the petitioner. Ms. Sudeepti Sharma, DAG, Punjab. Mr. G.S.Nagra, Advocate for respondent No.2. **** Surya Kant, J. (Oral) (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. (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. (3) Having heard learned counsel for the parties, I am of the considered view that no order prejudicial to the interest of the CWP No.17640 of 2009 (O&M) -2- 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. (4) Order dasti. August 02, 2011 (Surya Kant) sonia Judge