- (1.) The petitioners pray for issuance of a writ of certiorari for quashing order dated 21.3.1986 passed by Additional Director, Consolidation of Holdings, Punjab, directing partition of "Jumla Mushtarka Malkan" land. Counsel for the petitioners submits that after the enactment of Sections 11 and 13-B of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as "the 1961 Act"), the Additional Director Consolidation of Holdings has no jurisdiction to entertain a plea whether land has or has not been reserved for common purpose. In case a party raises such a plea, it shall be required to approach the Collector, exercising power under section 11 of the Act. Reliance for the above argument is placed upon a judgment in Gram Panchayat, Village Sidh v. Additional Director, Consolidation of Holdings, Punjab, 1997 3 RCR(Civ) 491.
(2.) No one has put in appearance on behalf of the respondents.
(3.) We have heard counsel for the petitioners, perused the impugned order and the aforementioned judgment as also Sections 11 and 13-B of the 1961 Act.;