G.S.SINGHVI, J. - (1.) THIS petition is directed against order dated 9.8.1982 (Annexure P-6) vide which Additional Director, Consolidation of Holdings, Punjab (respondent No. 2) allowed the petitioners filed by respondent Nos. 3 to 10 under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short, the Act) and restored the position in regard to allotment of land obtaining at the time of re-partition in so far as the private respondents are concerned.
(2.) THE facts of the case lie in a narrow compass. After finalisation of the scheme of consolidation of holdings for village Gadhera, Tehsil Sirhind, District Patiala and notification thereof under Section 20 of the Act, the petitioners filed an application in terms of para 25 of the scheme for joint allotment of land. By an order dated 28.3.1981 recorded on the application itself, Consolidation Officer, Sangrur filed the same. However, the objection petition filed by the petitioners under Section 21 of the Act was allowed by the same officer vide his order dated 30.6.1981 (Annexure P3/A). The relevant extract of that order is reproduced below:- "Though the petitioner had made application for the purpose during the Village Scheme which is annexed with the Scheme, but the petitioner and his wife had not been provided land at one place whereas the other right-holders of the village had been so given. By considering the area of both these numbers - husband and wife at one place no right-holder is adversely affected because Bhajan Singh and family members have been consolidated together as one unit near the area of the petitioner and their II right. There is Bachat land available which is their original area. Thus, the petitioner and his wife's area can be consolidated here without any difficulty. The land held at S. No. 17 is left as Bachat and in lieu thereof the petitioners are provided land jointly at Sr. No. 62 out of the land of Bhajan Singh and Bhajan Singh is provided land out of the Bachat area which amendment is given hereunder :- S. No. Name of the owner Area withdrawn Area given 1. Karnail Singh s/o Thakar Singh 32/23 7-0 4-11 11/18 6-4 4-12 (28 and 40) S.No. 18 Sarak 24 7-0 3-15 19 6-4 4-13 (28 and 40) 34//3 9-0 5-9 20 1-8 1-1 20 4-16 3-12 (28 x 31) 0-5 Kitte : 3. 23-0 13-16 Kitte : 4. + 18-12 13-19 2. Smt. Tej Kaur daughter of Binder Singh 11/18 8-0 6-0 10//15 8-0 6-0 29 8-0 6-0 16 7-3 8-7 1-151-7 S. No. 87 20 1-16 1-7 1-1 0-16 Kitte : 3 17-16 13-7 Kitte : 4. 17-19 13-10 3. Bhajan Singh s/o Thakar Singh 11//20 4-6 3-12 11//18 1-16 1-7 Sr. No. 82 19 1-16 1-7 20 0-8 0-8 10/7 0-7 0-5 6 0-11 0-8 Kitte : 4. 4-18 3-13 4. Mathura Dass 10//7 0-7 0-5 10//6 1-1 0-16 No. 110 6 0-11 0-8, Kitte : 2. 0-18 0-13 + 5. Jumla Mushtarka Malkan 10//18 8-0 6-0 32//2 7-0 4-12 16 7-3 5-7 24 7-0 3-15 6 2-3 1-12 24-/3 9-0 5-9 Kitte : 4. 19-1 14-6 Kitte : 3. 23-0 15-96 With the above modifications, the objection petition is accepted partially. Implementation may be affected in the record and on the spot." The appeal filed by respondent Nos. 3 to 10 against the order of the Consolidation Officer was dismissed by Settlement Officer (Consolidation of Holdings), Jullundur.
(3.) FEELING dissatisfied with the orders of the Consolidation Officer and the Settlement Officer, respondent Nos. 3 to 10 filed two petitions under Section 42 of the Act which were allowed by respondent No. 2. This is clearly evident from the operative portion of the impugned order which is reproduced below :- "I have given careful consideration to the entire matter and I feel that the ends of justice would be duly met if (i) the position as obtaining at the time of re-partition is restored in so far as Tej Kaur, Bhajan Singh and others are concerned and (ii) the respondent-Karnail Singh is given land of the equal area from the Bachat land which is available in the village according to the consolidation record. In view of the above discussion both the petitions are allowed to the extent indicated above and consequently the following changes are ordered:- 1. Karnail Singh son of Thakar Singh : + Area withdrawn 11/18/1 6-4 4-13 19/1 6-4 4-13 20/1 4-4 3-3 20/2 2-0 1-10 18-12 13-19 Area given 32/23/2 7-0 4-12 24 7-0 3-15 34/3/2 9-0 5-9 2. Smt. Tej Kaur d/o Nikka Singh + Area withdrawn 8/18 8-10 6-10 19 C 22 middle 7-12 4-19 3-9 2-11 18-0 13-10 Area given 11/18/1 6-4 4-13 19/1 6-4 4-13 20/1 4-4 3-3 20/2m 1-3 0-17 17-15 13-6 3. Bhajan Singh son of Thakar Singh + Area withdrawn 8/22 Middle 1-12 1-4 11/20/2S 0-17 0-13 4. Jumla Malkan Bachan + Area withdrawn shown as area given at S. No. 1 + 8/18 8-0 6-0 Area given 19 east 6-12 2-11 22 Middle 3-8 2-11 22 Min. 7-12 1-4 19-12 14-14" ;