- (1.) A reference has been made by one of us (Rajive Bhalla, J.) to a larger Bench with respect to the following questions:- 1. Whether a Director Consolidation, exercising power under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 can decide whether land vests or does not vest in a Gram Panchayat? 2. If answer to the first question is in the negative, then whether an order passed by a Director Consolidation, determining ownership of a Gram Panchayat, affirmed by the High Court and the Supreme Court operates as res-judicata in a subsequent petition, filed under Section 11 of the Act? 3. Whether Section 13-B of the Act empowers the Collector, exercising jurisdiction under Section 11 of the Act, to disregard an order passed by the Director Consolidation, that has been affirmed by the High Court and the Hon'ble Supreme Court? 4. Whether a plea that the order passed by the Director Consolidation was obtained by fraud can be raised after the order has been affirmed by the High Court and the Hon'ble Supreme Court? We have heard counsel for the parties.
(2.) In order to place the aforementioned questions in their correct perspective, we would briefly refer to the facts.
(3.) The writ petition has been filed by a set of petitioners supported by a set of proforma respondents, who claim that as they are co-sharers/proprietors in the land in dispute, they filed a petition under Section 42 of the East Punjab Consolidation of Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Consolidation Act') for partition of the land. The petitioners etc. pleaded that as before consolidation, the land was Shamilat Deh Hasab Rasad Malgujari as per jamabandi for the year 1951-52, the land should have been partitioned amongst right holders of this khewat, at the time of consolidation. The Gram Panchayat was arrayed as respondent No. 3. The Additional Director Consolidation, Punjab, allowed the petition on 03.09.1996 and directed that the land to be partitioned amongst right holders.;