I.D.Dua, J. - (1.) FORTY two Petitioners have approached this Court under Article 226 of the Constitution for a writ in the nature of certiorari or mandamus quashing the order of the Director, Consolidation of Holdings, dated 10th January, 1961 an ordering him to forbear from giving effect to the same and prohibiting the Settlement Officer, District Bhatinda, and the Consolidation Officer, Sub -Tehsil Phul, District Bhatinda from taking any further action in pursuance of the aforesaid order of the Director, Respondent No. 2. Any other appropriate writ, direction or order as may be considered necessary has also been prayed for.
(2.) THE Petitioners who claim to be the residents of village Burj Ladha Singh Wala (Sub -Tehsil Phul, District Bhatinda) and of village Sukha Nand, Tehsil Moga, the boundaries of which villages are stated to adjoin each other and the residents of the two villages are stated to own land in both the villages indiscriminately, have averred in the petition that the consolidation operations in village Burj Ladha Singh Wala started in December, 1954 and in April, 1955, a consolidation scheme was prepared and published in accordance with the provisions of Pepsu (Fragmentation and Consolidation of Holdings) Act of 2007 Bk. No objection was filed to this scheme by any landowner. In August, 1955, repartition of land was started and it was completed in October of the same year. On repartition the land was allotted to the respective landowners by means of resolutions which were duly signed or thumb -marked by the allottees in token of their consent. In January, 1956, a shajra of the land allotted to the landowners on repartition was published according to the rules. About forty landowners filed objections to the repartition, but out of them some withdrew their objections, some compromised and the remaining cases were decided by the Consolidation Officer on merits. About 14 or 15 persons only filed appeals from the orders of the Consolidation Officer to the Settlement Officer. Out of them five were filed by the residents of village Sukha Nand and the remaining ten by the residents of village Burj Ladha Singh Wala. All of the appeals were, however, either compromised or decided on merits. Only six persons went up on further appeals from the orders of the Settlement Officer which were heard by the Additional Director of Consolidation on merits after the merger of the erstwhile Pepsu State with the State of Punjab. It is then averred that all claims, objections and appeals were thus finally disposed of by the authorities in accordance with law. Early in 1958 the possessions of their respective holdings were delivered to teh new allottees. The residents of village Burj Ladha Singh Wala spent huge amounts in sinking wells and tube -wells on the new allotments and also made other improvements as a result of which the value of the land was considerably increased. They took a loan from the Government to the extent of about Rs. 50,000/ - and also spent large amounts from their own pockets. Out of 24 wells and tube wells sunk, 2a were actually sank by the residents of this village. They spent this amount because proceedings of consolidation had been completed in every respect. Sometime in 1957, two persons belonging to village Sukha Nand filed an application with the Punjab Government (Respondent No. 1) under Section 42 of the Consolidation Act. After an enquiry held by the Flying Squad and senior officers of the department, the Government ordered some modifications by providing passages to home plots and by making up the deficiency in the value of some landowners wherever it Was considered necessary. The Consolidation other complied with these orders, In November or December, 1960, the department declared the completion of the consolidation of Holdings in the village and the case was filed according to rules under the orders of Respondent No. 2, the Director. In this way all the landowners became absolute owners of their respective plots.
(3.) ABOUT the same time viz November or December, 1960 elections to the Panchayat were held in the village and one Santa Singh of village Shri Ladha Singh Wala, who is closely related to Dr. Parkash Kaur, Deputy Minister, Punjab Government (his daughter being married to her brother; and who was a Naya Panch during the previous term got annoyed with the residents of the village because they did not lend him support in his contest for a seat of Sarpanch. On account of his influence with the Government due to the aforesaid relationship, he along with one Mohan Singh of village Sukha Nand submitted an application to the Honourable the Chief Minister who on directed Respondent No. 2 (Director of Holdings) to take action in the light of the complaint contained in the application. On 10 -1 -1961 the Director went to the village and purporting to exercise his power under Section 42 of the Consolidation Act arbitrarily ordered prepartition in the village.;