Hemant Gupta, J. - (1.) CHALLENGE in the present writ petition is to an order passed by the Director, Consolidation of Holdings on 29.05.1995 allowing an application filed by some of the proprietors to partition the alleged excess area of charand and bachat land amongst the right -holders.
(2.) THE proprietors sought partition alleging that as per the Scheme of Consolidation, an area of 332 bighas 7 biswas was left for common purpose of charand, whereas maximum area of 4 acres could be reserved for grazing ground. Therefore, an area for grazing is much more than it is prescribed, therefore, the excess area should be distributed amongst the right holders. It is said petition, which has been allowed by the Director, Consolidation of Holdings in exercise of the powers conferred under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 (for short 'the Act'). A Full Bench of this Court in CWP No. 2318 of 2002 titled 'Parkash Singh & others Vs. Joint Development Commissioner, Punjab & others' decided on 08.11.2013 has held that the Director, Consolidation has no power in respect of land vesting in Panchayat in terms of Section 2(g) of the Punjab Commons Lands (Regulation) Act, 1961, as it is only the Authorities under the said Act, which can decide the question of vesting of the land in the Panchayat or not. It has been held to the following effect: We, therefore, hold that: -(a) Consolidation authorities, are tribunals of limited jurisdiction; (b) Consolidation authorities exercise powers of revenue officers, under the 1887 Act, a power to record and update fiscal entries and prepare record of rights; (c) but are not empowered to decide a question of title or vest/divest a party of its title; (d) the only authority empowered to determine a question, whether the land is "Shamilat Deh", between a Gram Panchayat and a private individual was the Civil Court but after enactment of Sections 11, 13 and 13 -A of the 1961 Act, the Collector and; (e) if the land is "Jumla Mushtarka Malkan", an appropriate forum. As a necessary consequence an order passed by the Director Consolidation, under Section 42 of the Consolidation Act holding that the land in dispute vests or does not vest in a Gram Panchayat is an order passed on an illegal assumption or appropriation of jurisdiction rendering the exercise of powers by the Director Consolidation null and void in its inception and in its operation and at best an order passed by a tribunal of limited jurisdiction that is not binding on the proprietary or possessory rights of the Gram Panchayat or a private individual before a Court or a Tribunal statutorily empowered to decide such a dispute.
(3.) IN view of the above, the order passed by the Director, Consolidation of Holdings dated 29.05.1995 cannot be sustained as it affects the land vesting in Panchayat. Consequently, the present writ petition is allowed and the order passed by the Director in exercise of powers conferred under Section 42 of the Act is set aside. The parties are at liberty to avail such other remedy as is available to them in accordance with law.;