JASWANT SINGH Vs. ADDITIONAL DIRECTOR CONSOLIDATION OF HOLDINGS PUNJAB
LAWS(P&H)-2011-8-27
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 08,2011

JASWANT SINGH Appellant
VERSUS
Additional Director Consolidation Of Holdings Punjab Respondents

JUDGEMENT

- (1.) The petitioners have filed this writ petition for quashing order dated 24.04.1990 (Annexure P-4) passed by the Additional Director Consolidation, Punjab, who has remanded the case to the prescribed authority to examine whether the petitioners had suffered a loss of land and if so to what extent. The case of the petitioners has, accordingly, been remanded to the CO with the direction to determine the area to be transferred to the petitioners.
(2.) The petitioners and respondents No. 3 to 26 are right holders and residents of revenue estate Haveli Kalan, Tehsil and District Ropar. The consolidation proceedings were initiated in village in the year 1951 and were completed in the year 1952. The land settlement was undertaken in the year 1961-62. After hearing the objections of the right-holders, their rights were settled on their respective holdings. Possession was transferred and, thereafter, handed over. The record of proceedings was then consigned. There was no appeal or objection made for almost 40 years by anyone.
(3.) After expiry of nearly 40 years, respondents No. 3 to 26 have filed an application before respondent No. 1 on 08.01.1990 alleging that the petitioners owned 102 bighas and 15 biswas as their own holding. They, however, added 80 bighas 17 biswas of shamlat land in their total holding. The land, accordingly, allotted to them in lieu of their holding was excess. It was alleged that due to this, the petitioners were allotted more area and joint holding of the respondents thereby had decreased. The respondents, therefore, raised a plea that this excess area be taken from the petitioners and entered in Shamlat deh Hasab Rasab Raqba Khewat. Copy of the petition so moved is annexed with the petition as Annexure P-1.;


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