- (1.) The petitioner-Gram Panchayat has filed the present petition under Articles 226/227 of the Constitution of India for quashing of order dated 4.11.1994 (Annexure P-7) passed by respondent No.1 on the application filed by respondent No.2.
(2.) Brief facts as narrated in the petition may be noticed. The consolidation proceedings in Village Alohran, Tehsil Nabha, District Patiala, were concluded in the year 1953-54 and the entitlement of the right-holders was assessed and naksha hakdarbar was prepared. According to the averments made by the right-holders, after having pro rata proportionate cut, the land was kept for use of common purposes. The entitlement of respondent No.2 along with his brother was assessed at Sr. No.110 of Naksha Hakdarbar. The land was allotted to respondent No.2 vide resolution No.50, dated 15.7.1953. As per the consolidation scheme, respondent No.2 had raised objection before the Consolidation Officer at the time of consolidation proceedings and it appears that when consolidation scheme was sanctioned, respondent no.2 was satisfied regarding his entitlement and value of land allotted to him.
(3.) Respondent No.2 filed a petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, (for short 'the Act') claiming repartition and amendment in the scheme of Village Alohran. It was claimed that there was shortage caused to him during consolidation proceedings from the khata of the Gram Panchayat.;