- (1.) The petitioners have prayed for issuance of a writ in the nature of certiorari for quashing notification dated 24.08.2011 (Annexure P-19), issued by respondent No. 3, under Section 32 of the Punjab Land Revenue Act, 1887 [for short "1887 Act"] and the letters dated 09.08.2011 (Annexure P-18) and dated 14.07.2011 (Annexure P-17), issued by respondent Nos. 2 and 5 respectively, by which jamabandis of village Manglora Kadim, starting from the year 1986-87 up-till 2006-07, have been revoked and preparation of new revenue record has been ordered; and for issuance of a writ in the nature of mandamus directing the respondents that the consolidation proceedings, initiated in terms of the order dated 03.11.2008 (Annexure P-10) passed in CWP No. 12579 of 2008 and order dated 23.08.2010 (Annexure P-16) passed in COCP No. 649 of 2010, wherein the proceedings up to the stage of preparation of preliminary record and publication of draft scheme stands duly completed and approved by all the inhabitants of the village, should not be withdrawn or re-called, in view of the impugned notification; and a further direction to the respondents to continue and complete consolidation proceedings on the basis of latest revenue record, only in terms of the order dated 29.01.2009 (Annexure P-11), passed by the Commissioner, Rohtak Division, Rohtak, which is further clarified by the Director, Consolidation, Haryana, in his letter dated 24.06.2011 (Annexure P-22).
(2.) In short, the petitioners claim that they are residents of village Manglora Kadim, District Karnal, which is situated on the banks of river Yamuna and the land in question is subject to river action. The land was initially in the State of U. P. but by the river changing its course, it came to fall in the State of Haryana, during the period from 1963-65. According to the record received from the State of Uttar Pradesh, a jamabandi for the year 1965-66 was prepared, but the said land was again sub-merged due to change of river course and was recovered in the State of Haryana, only in the year 1983 and a detailed list of Burdi Baramadgi for the year 1983-84 was duly prepared. It is alleged that since there was an increase of 1057 Bighas 02 Biswas in the recovered land and the record/Shajra by the State of Uttar Pradesh was found to be contrary to the spot, therefore, fresh measurement was carried out and list of Shajra Kistwar as well as of Field Book of each number was duly prepared and attached with the list of Burdi Baramadgi for the year 1983-84. It is alleged that the list of Burdi Baramadgi was duly sanctioned by the Collector, Karnal, on 08.09.1989 and jamabandi for the year 1985-86 was prepared, in terms of sanctioned lease of Burdi Baramadgi for the year 1983- 84. However, the Deputy Commissioner, Karnal, made a recommendation to the Commissioner, Rohtak Division, Rohtak, on 28.02.2008, for revocation of jamabandi for the year 1986-87, so that new jamabandi can be prepared for the village on the basis of jamabandi for the year 1965-66. Consequently, CWP No. 12579 of 2008 was filed before this Court, titled as 'Mai Chand and others v. State of Haryana', which was disposed of on 03.11.2008 with the following order: "The instant controversy relates to the finalization of the consolidation proceedings for two adjoining villages, namely, Manglora Jadid and Manglora Qadim in tehsil and District Karnal. Insofar as, village Manglora Jadid is concerned, learned Counsel for the respondents invited our attention to the order passed by the Deputy Commissioner, Karnal, dated 28.08.2008, wherein it is asserted that Jamabandis of the aforesaid village are correct, and that, the consolidation Office has been directed to effect consolidation in the said village, as per rules and regulations. Insofar as, the other village, namely, Manglora Qadim is concerned, Counsel for the respondents invited this Court's attention to preliminary objection No. 1 in the written statement filed on behalf of respondents No. 1 to 3, wherein it stands noticed that fresh/correct Jamabandis have not been finalized as of now. It is the contention of the learned Counsel for the respondents, that the aforesaid procedure will have to be given effect to first before consolidation of the land of the village. Keeping in view the aforesaid work which remains pending for consolidation of the land of villages Manglora Jadid and Manglora Qadim in Tehsil and District, Karnal, learned Counsel for the respondents on the basis of instructions received from Mr. Krishan Singh, Naib Sadar Kanungo, office of the Deputy Commissioner, Karnal, states that the revenue records of village Manglora Qadim, specially Jamabandis thereof will be corrected and finalized within three months from today. He further states that appropriate directions be issued to finalize consolidation thereafter. Keeping in view the statement made by the learned Counsel for the respondents, we direct the respondents to correct the revenue record (if correction is required) for village Manglora Qadim on or before 31.1.2009. The consolidation process of the aforesaid two villages, namely, Manglora Jadid and Manglora Qadim in Tehsil and District, Karnal, be finalized within six months from the aforesaid date i. e. on or before 31.7.2009, within six months from the aforesaid date i. e. on or before 31.7.2009, in accordance with rules and regulations. Writ petition stands disposed of in the aforesaid terms. "
(3.) Since the directions were not complied with, COCP No. 649 of 2010, titled as 'Mai Chand and others v. Shri Balwan Singh and others', was filed, which was disposed of on 23.08.2010, with the following order: "The grievance of the petitioners is that the consolidation of village Manglora Jadid and Manglora Qadim has not been completed, although the directions are issued by the Director Consolidation on 09.07.2002. In reply on behalf of the Director Consolidation Haryana-respondent No. 1, it has been pointed out that there are six stages which are mandatory to be completed in the consolidation proceedings and that the consolidation work up to the second stage is almost completed but to complete the remaining four stages at least one year time is required provided right holder of the village actively cooperated in the consolidation proceedings. The stages are:- (i) Preparation of preliminary record. (ii) Publication & confirmation of consolidation scheme. (iii) Repartition under section 21(1) of he East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. (iv) Transfer of possession. (v) Final Attestation. (vi) Consignment of Record. In view of the facts stated in the reply, the respondents are permitted to complete the consolidation process on or before 31.08.2011. The petitioners and other proprietors of the village shall cooperate in the proceedings. It shall be open to the respondents to complete the consolidation proceedings even if some of the residents do not cooperate actively in the consolidation process. Consequently, the present petition is disposed of. ";