V.K.JHANJI, J. - (1.) AT the request of counsel, Civil Writ Petition No. 4928 of 1984 is taken on board for final disposal.
(2.) IN this writ petition filed by the Gram Panchayat Kakra, Tehsil and District Sangrur, challenge is to order dated 9.8.1984 (Annexure P-3) passed by the Additional Director, Consolidation of Holdings, Punjab (for short the Additional Director) whereby the Additional Director has allowed petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act) filed by some of the right-holders. Vide impugned order, the Additional Director has remanded the case to the Consolidation Officer for making necessary changes in the revenue record so that land could be distributed among the right-holders as per cut imposed on them. In brief, the facts are that respondents No. 3 to 30 alleging themselves to be right-holders of village, filed petition under Section 42 of the Act before the Additional Director contending therein that during the consolidation of holdings, cut was imposed on their holdings for utilising the land for common purpose of the village and after utilising the area for common purpose, area to the extent of 435 Bighas 6 Biswas was left in the common pool. The plea of right-holders was that the Consolidation Authority could take away only that area which was to be utilised for common purpose and area left in excess was liable to be distributed. They also contended that vide mutation No. 2520, area belonging to Mushtarqa Malkan Hasab Rasad Khewat was wrongly mutated in the name of Panchayat whereas it should have been mutated in the name of right-holders. They submitted that mutation No. 2520 is illegal, non est and does not confer any right of proprietorship on Gram Panchayat and is liable to be set aside.
(3.) GRAM Panchayat contested the petition and pleaded that the land was not deducted from the holdings of the right-holders and is being used by the Gram Panchayat for common purpose of the village. It submitted that the Panchayat is the absolute owner of the land as it is Shamilat Deh. Vide order dated 9.8.1984 (Annexure P-3), the Additional Director accepted the petition and remanded the matter to the Consolidation Officer for making necessary changes in the revenue record so that land could be distributed among the right- holders as per cut imposed on them. Hence, this civil writ petition challenging order dated 9.8.1984 (Annexure P-3).;