Briefly the facts of the case are that the petitioner was allotted the disputed land and he is permanently settled there. A mukhbari application was filed on which notice was issued to the petitioner to appear before the Border Area Committee on 26-9-1981. The present petitioner filed a written application questioning the jurisdiction of the respondent to re-open the case and the case was fixed for 30-6-1982 for arguments on this application. It so happened that on the same day the impugned order was passed for summoning the record and feeling aggrieved against this order, the present Constitutional petition has been filed.
2. It is contended by the learned counsel that the petitioner filed an application through his counsel assailing the jurisdiction of the Border Area Committee, relying upon the judgment of the Hon'ble Supreme Court the case was fixed for arguments and that without first deciding the application of the petitioner, the case could not be proceeded on merits.
3. 1 have heard the learned counsel for the petitioner as also the respondent and find that there is considerable force in the contention of the learned counsel for the petitioner. Once the application of the petitioner as to the jurisdiction of the Border Area Committee was entertained and the same was fixed for arguments, the case could not have been proceeded on merits without first deciding the objection of the petitioner. It is vehemently argued by the learned counsel that the proceedings before the Committee are mala fide and the petitioner has been permanently settled on the disputed land and it would be against all interests of justice if the matter is re-opened after several A years. I am afraid it is not possible for me to go into these questions at this stage. The petitioner's application challenging the jurisdiction is pending disposal with the respondent and the same will be decided first in accordance with law within two months. , Resultantly, the writ petition is accepted and the petitioner is directed to appear before the Border Area Committee for 'decision of his application. There is no order as to costs.