PURAN SINGH Vs. STATE

JUDGEMENT

(1.) By this petition under Articles 2.6 and 227 of the Constitution the petitioner, who is a resident of village Majra in Tehsil and District Una, has challenged the validity of the various orders of Consolidation authorities under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (shortly called the Act).

(2.) The facts are that the consolidation of holding proceedings under the Act were started in village Majra in the year 1962. After the record was prepared a scheme for consolidation of holdings was framed in consultation with the Advisory Committee. The petitioner had reserved the area under the well and Chahi (land attached with the well) which belonged to him. There had been considerable litigation over the well and Chahi which is situate in Khasra number I862/872 in village Majra. The petitioner had filed a suit No. 265 in the year 1952 in the court of Sub -Judge 2nd Class, Una, which was decreed on 8 -8 -1953, whereby the petitioner and his deceased brother Ishar Singh had been declared owners of the same. For this very reason the petitioner did not want to part with the same and he got it reserved. Further, according to the scheme the parties were to be allotted lands owned and possessed by them within the Phirni (circle) to the extent of the land that was to be allotted in consolidation if he had the same before the consolidation. Also every house had to be allotted two kanals of Abadi land.

(3.) It is averred that the repartition of the lands were not carried out in accordance with the scheme framed for repartition. The petitioner moved the State Government under section 42 of the Act for quashing the repartition effected. The Additional Director of Consolidation of Holdings, Punjab, Jullundur, who heard the petition, by his order, dated 26 -7 -1963 accepted some of the contentions raised by the petitioner and remanded the case to the Settlement Officer (Consolidation of Holdings) with the specific orders to depute the Consolidation Officer to go into the matter at the spot, demarcate Lal Lakir correctly and adjust the plots if necessary and send his proposals accordingly. He also directed the Settlement Officer that the areas reserved by the petitioner should be specified and the proposal for the adjustments so required be made. The copy of the same is Annexure PE. It had been specifically mentioned that rest of the contentions of the petitioners were to be enquired after the report of the Settlement Officer was received.