Decided on July 02,1954

PUNJAB STATE Respondents


Kapur, J. - (1.) These are two rules obtained by four petitioners in the first case C. W. A. 86-54 and eight in the second C. W. A. 37-54 and counsel moved that the orders made in regard to consolidation of holdings be quashed and that the State Government be directed to forbear from proceeding with the consolidation of holdings in village Nowshehra Punuam, in Tehsil Tarn Taran of Amritsar District.
(2.) On 17-7-1951 a notification under Section 14 of the East Punjab Holdings' (Consolidation and Prevention of Fragmentation) Act, Act 50 of 1948 was published for consolidation of agricultural holdings in village Nowshehra Punuam. This village has got three 'tarafs' and several 'pattis' in each 'taraf' which are: S. No. Name of TarafName of Pattis in each Taraf. 1. Risal 1. Gag 2. Mand 3. Mukand Descendants 4. Mohan Das of Risal. 5. Lal Chand 6. Chuhar Mal 2. 7. Madho 8. Malla Nominal Pattis 9. Mudke of Other 10. Chhlos peoples who 11. Dalu merged in 12. Gill Taraf "Risal." 13. Dhillen 2. Das 1. Das Descendants 2. Must of Kirte. 3. Abdal 3. Sand 1. Jaimal 2.Mansur Descendants 3.Lal Chand of Bond. 4. Nokal 5. Umer Shai
(3.) On 15-6-1953, Mr. K. K. Kalia, Consolidation Officer and Tahsildar prepared a draft for consolidation of holdings under Section 14(2) of the Act which is given at page 31 in Civil Writ Application No. 37 of 1954. This scheme was published in accordance with Rule 3 of the Rules made under Section 46 of the Act. There is no dispute that this was duly proclaimed. Later on this scheme of consolidation was amended and the amended scheme was sent to the Settlement Officer and was finally confirmed by him. The publication of this amended scheme was on 2-121950 and after the expiry of thirty days which is the period prescribed for filing of objections; objections were filed which were rejected and the amended scheme was therefore accepted by the Settlement Officer and this is the scheme in accordance with which consolidation was being carried out till this Court ordered that possession of the petitioners be not disturbed pending the hearing of the petition.;

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