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1977 Supreme(SC) 164

P. S. KAILASAM, A. C. GUPTA, M. H. BEG
Chet Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
HARDEV SINGH, K.R.NAGARAJA, O.P.Sharma, P.N.PURI, R.S.SODHI, V.C.MAHAJAN

Judgment

M. H. BEG, C.J.I. :- This appeal under Art. 136 of the Constitution is directed against a very detailed judgment of the Punjab & Haryana High Court on a Writ Petition No. 1875 of 1965 filed under Arts. 226 and 227 of the Constitution, assailing an order of the Additional Director. Consolidation of Holdings, passed on 8 June, 1965. A perusal of that order, together with the earlier order of 4 May, 1965, and the application for restoration dated 15 May, 1965, filed by Gurdev Singh, respondent No. 3, shows: Gurdev Singh, who had some complaint against the Consolidation Scheme, was not present so that his petition was ordered to be filed by the Additional Director. Consolidation on 4 May, 1965. Gurdev Singh, soon thereafter, i. e. on 15 May, 1965, filed an application for restoration supported by an affidavit, attributing his absence on 4 May, 1965, to his illness. The order dated 8 June, 1965, of the Additional Director, shows that the applicant Gurdev Singhs assertion that he could not attend due to illness, over which he had no control, was accepted by the Additional Director, who proceeded to exercise his powers under S. 42 of the East Punjab Holdings (Consolidation and Pre









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