Applications under Section 42 of the Act should be filed within a reasonable time, and orders passed without giving an opportunity of hearing can be interfered with.

1. This writ petition has been filed to lay challenge to an order dated 14.5.1987 (P-3), vide which application filed by Ujjagar Singh predecessor-in-interest of respondents No. 2 to 6, under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (in short 'the Act'), was allowed and correction was ordered to be made in the boundaries of Khasra No. 49//6. Further challenge has been made to an order dated 5.1.1988 (P-5), vide which application filed by the petitioner, to recall order dated 14.5.1987 (being an ex-parte order), was dismissed.

Further challenge is to an order dated 7.6.1988 (P-7), vide which application, filed by the petitioner under Section 43A of the Act, was dismissed.

2. As per facts on record, consolidation in the village Chhani Tola took place in or around the year 1960. The Consolidation Officer passed an order under Section 21(1) of the Act, effecting re-partition of the land, as per entitlement of the right holders.

Ujjagar Singh was not satisfied with the allotment so made.

3. He filed an application under Section 42 of the Act to lay challenge to that order dated 13.9.1962. After contest, that application was allowed on 24.12.1965.

4. It was noted that land, falling in Khasra No. 49//6, measuring 4 Kanals 1 Marla and Khasra No. 49//7, measuring 18 Marlas, was wrongly allotted to father of the petitioner Bawa Singh and other cosharers. It was ordered to be withdrawn from them and in lieu thereof, land falling in Khasra No. 10//13 and 18, total measuring 6 Kanals 12 Marlas was allotted to Bawa Singh etc. Standard value of the land, so included and excluded, was the same. Both the parties were satisfied with the order and it was not challenged.

5. After a gap of about 22 years i.e. in the year 1986, Ujjagar Singh filed an application under Section 42 of the Act, stating that after demarcation at the spot, he had come to know that the area falling in Khasra No. 49//6 and 49//7 has wrongly been shown in the Field Book. That application was got dismissed as withdrawn on 25.2.1987 (P-2), with liberty to file a fresh one.

6. Sh. Ujjagar Singh again filed an application under Section 42 of the Act, in the year 1987, laying challenge to an order passed by the Consolidation Officer under Section 21(1) of the Act. That application was allowed and some changes were ordered in the boundary of Khasra No. 49//6.

7. The petitioner, aggrieved by order dated 14.5.1987, filed an application to recall it, stating that the order was passed without hearing him, in an ex-parte manner. His application was entertained vide order dated 27.11.1987, however, thereafter, it was rejected on 5.1.1988 simply by stating that to review orders dated 24.12.1965 and 14.5.1987, respondent No. 1 has no power.

8. Contention of counsel for the petitioner that order dated 14.5.1987 was an ex-parte order, was not looked into as per facts. Setting aside of an ex-parte order, does not amount to review and the officer concerned, who passed that order has the power to look into grievance of the parties afresh. That was not done.

9. It is also necessary to mention here that thereafter, the petitioner filed an application under Section 43 A of the Act with a prayer that his application has wrongly been dismissed on 5.1.1988. Prayer was also made to effect necessary changes in terms of order passed by this Court on 20.4.1988 in CWP No. 3046 of 1988, filed by Ujjagar Singh. That application was also dismissed on 7.6.1988. Hence, this writ petition.

10. We have heard counsel for the parties and on perusing the paper book are satisfied that the orders under challenge cannot be sustained.

11. It is on record that against re-partition proceedings, effected under Section 21(1) of the Act vide order dated 13.9.1962, Ujjagar Singh filed an application under Section 42 of the Act, claiming wrong allotment. His application was allowed and he was allotted land falling in Khasra No. 49//6 and 7, which was allotted to th