RAM KISHAN Vs. ADDITIONAL DIRECTOR

JUDGEMENT

(1.) IN this petition, the petitioners have prayed for issuing a writ in the nature of certiorari for quashing order dated 20.12.1985 (Annexure P-3).

(2.) CONSOLIDATION took place in village Garhshankar in the year 1973-74. Petitioners and respondent Nos. 2 and 3 were co-sharers in a piece of land. In the scheme one Karam wide path was provided to the plot to whom there was no path and secondly the person who claimed land inside the abadi and his double area would be taken from his land outside the abadi. Accordingly land was allotted to the petitioners and respondent Nos. 2 and 3. Till 1977, no objection or appeal was filed by respondent Nos. 2 and 3. On 23.11.1977 and 2.3.1977, they filed petitions under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948, (hereinafter called 'the Act') and order of the Assistant Consolidation Officer was challenged. The petitions of respondents were dismissed vide order dated 25.5.1978 (Annexure P-1). After a lapse of about 7 years, respondents filed another application under Section 42 of the Act, which was decided on 20.12.1985 (Annexure P-3).

(3.) RESPONDENT Nos. 2 and 3, in the reply have stated that all the co-sharers have not been impleaded as parties. Respondent No. 3-Phuman Singh is the legal heir of Sita Ram. Besides Phuman Singh, Janki Devi widow of Sita Ram, Kamla Devi and Krishna Devi, daughters of Sita Ram, Parmodh Singh and Bikram Singh, other sons of sita Ram are alive and have inherited the estate of Sita Ram. They are necessary parties. It has been further stated that the petitioners and respondent Nos. 2 and 3 were co-sharers of land bearing Khewat No. 26 earlier. A path was provided to all the plots and persons who claimed land inside the abadi, land outside the abadi the persons would get double area of path outside the abadi.