HARNEK SINGH AND ANOTHER Vs. HARMEL SINGH AND ANOTHER
LAWS(P&H)-2012-7-422
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 04,2012

Harnek Singh And Another Appellant
VERSUS
HARMEL SINGH AND ANOTHER Respondents

JUDGEMENT

- (1.) This petition under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India has been filed for taking action against the respondents, who allegedly disobeyed the interim order dated 24 th July, 1992 passed by this Court in Civil Writ Petition No.6122 of 1992.
(2.) The brief facts emerging out of this petition and which are necessary for disposal of this case are that land measuring 181 Bighas 3 Biswas of village Sheikhupura was acquired vide award dated 27 th March, 1991 passed by the Special Land Acquisition Collector, Jalandhar for a total amount of compensation of Rs.25,36,354.17. As per the revenue record, the above said land was reserved for Charand and was vesting in the Gram Panchayat.
(3.) It is a matter of record that the petitioners along with Harmel Singh son of Jora Singh etc. filed a petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as, 'the Consolidation Act') stating that the aforesaid land was reserved for Charand against the provisions of law as the same was in excess of the area which was to be left for the said purpose as per the appendix attached with the Act and since the land was reserved after making a cut from the right-holders, the same was mutated wrongly in the name of Nagar Panchayat and the same was to be treated as 'Jumla Mustarka Malkan Hasab Rasad Raqba Khewat', which was to be distributed amongst the right-holders of the village. However, the said petition was contested by the Gram Panchayat on the ground that the land in question could not be distributed as the same was vested rightly in the Panchayat being Shamlat land. The Director, Land Records, Punjab exercising powers under Section 42 of the Consolidation Act vide order dated 7 th April, 1992 allowed the said petition holding that the aforesaid land be re-distributed to the petitioners after reserving an area of 2 acres or 4 acres for Charand as per law. The said order was challenged by the Gram Panchayat of village Sheikhupura by filing Civil Writ Petition No.6122 of 1992.;


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