KARNAIL SINGH Vs. COMMISSIONER, JALANDHAR DIVISION, JALANDHAR AND OTHERS
LAWS(P&H)-2011-2-526
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 15,2011

KARNAIL SINGH Appellant
VERSUS
Commissioner, Jalandhar Division, Jalandhar and others Respondents

JUDGEMENT

SATISH KUMAR MITTAL,J. - (1.) Karnail Singh has filed this Letters Patent Appeal against the order dated 24.8.2010, passed by the learned Single Judge in CWP No. 4664 of 2002, filed by the husband of respondent No.2 and father of respondents No.3 and 4, namely Karam Singh (since deceased), whereby the order dated 30.1.2002, passed by the Commissioner, Jalandhar Division, Jalandhar, exercising the powers of the Director, Consolidation of Holdings, was quashed.
(2.) After notice, we have heard learned counsel for both the parties.
(3.) In the present appeal, the dispute is regarding the boundary of 1 Marla of land, allotted to the appellant in the consolidation proceedings, which had taken place in the year 1987-88. During those proceedings, vide order dated 1.8.1988 (Annexure P-1), passed by the Consolidation Officer, Jalandhar, the appellant was allotted 1 Marla of land from south-east of khasra No. 784, being Gair Marusi of land owner M/s Balwant Kishan Kapoor and others. The appellant was satisfied with that order. However, Karam Singh (husband and father of respondents No.2 to 4), feeling aggrieved against the said order, filed an appeal before the Settlement Officer (Consolidation). His grouse was that at the time of consolidation, the appellant was having no right as Gair Marusi and he was wrongly allotted 1 Marla of land from khasra No. 784. On 31.7.1989, his appeal was dismissed. Against the said order, he filed second appeal before the Assistant Director of Consolidation, which was allowed vide order dated 8.9.1989 (Annexure P-2) and the orders of the Consolidation Officer as well as the Settlement Officer (Consolidation) were set aside.;


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