CHET SINGH versus STATE OF PUNJAB & ORS.

CHET SINGH versus STATE OF PUNJAB & ORS.

Since Gurdev Singh was absent due to illness and not given an opportunity of hearing, the previous order could not be considered duly passed under Section 42 and could be ignored as 'non est'; on facts, however, this case is not fit for interference under Article 136.

Source-derived case information.

Parties
Appellant: Chet Singh; Appellant: Hardev Singh; Appellant: R. S. Sodhi; Respondent: State of Punjab; Respondent: Respondent No. 2; Respondent: Gurdev Singh; Respondent: P. N. Puri
Jurisdiction
India
Judgment Date
24 March 1977
Procedural Posture
Civil Appeal / Appeal Under Article 136 (final Disposition)
Outcome
Appeal dismissed
Legal Topics
Article 136 (supreme Court Special Leave Powers), Article 226 and 227 (writ Jurisdiction), East Punjab Holdings (consolidation and Prevention of Fragmentation) Act, 1948 Section 42, Consolidation Scheme, Review of Administrative Orders
Constitutional Law Property Law Article 136 (supreme Court Special Leave Powers) Article 226 and 227 (writ Jurisdiction) East Punjab Holdings (consolidation and Prevention of Fragmentation) Act, 1948 Section 42 Consolidation Scheme Review of Administrative Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Chet Singh

Appellant

Hardev Singh

Appellant

R. S. Sodhi

Appellant

State of Punjab

Respondent

Respondent No. 2

Respondent

Gurdev Singh

Respondent

P. N. Puri

Respondent

Procedural Posture

Civil Appeal / Appeal Under Article 136 (final Disposition)

Legal Issues

  1. 1 Whether the Additional Director, Consolidation had the power to review his previous order under Section 42 of the Act
  2. 2 Whether orders passed without notice and opportunity of hearing under Section 42 are 'non est' and can be ignored
  3. 3 Whether interference under Article 136 is justified in this case

Ratio Decidendi

Since Gurdev Singh was absent due to illness and not given an opportunity of hearing, the previous order could not be considered duly passed under Section 42 and could be ignored as 'non est'; on facts, however, this case is not fit for interference under Article 136.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Parties will bear their own costs