- (1.) The question of the interpretation of certain provisions of the Patiala and East Punjab States Union Holdings (Consolidation and Prevention of Fragmentation) Act (Act No. V of 2007 Bk) has been referred to a Division Bench by Grover, J. in consequence of the fact that his own interpretation of identical provisions contained in the corresponding Punjab Act expressed in Civil Writ No. 236 of 1957 decided by him on the 28th April, 1958 were found in connection with the present petition to be in conflict with two earlier unreported decisions of Bishan Narain, J. in Civil Writ Nos. 372 and 546 of 1956 decided on 9th April, 1957 and 20th May, 1957, respectively. The relevant provisions of the Pepsu Act are contained in sections 20, 40 and 41. Section 20 reads - "20 (1) The Consolidation Officer shall after obtaining the advice of the landowners of the estate or estates concerned, carry out repartition in accordance with the scheme of consolidation of holdings confirmed under section 19, and the boundaries of the holdings as demarcated shall be shown on the shajra which shall be published in the prescribed manner in the estate or estates concerned. (2) Any person aggrieved by the repartition may file a written objection within fifteen pays of the publication before the Consolidation Officer who shall after hearing the objector pass such orders as he considers proper confirming or modifying the repartition. (3) Any person aggrieved by the order of the Consolidation Office under sub-section (2) may within one month of that order file an appeal before the Settlement Officer (Consolidation) who shall after hearing the appellant pass such order as he considers proper. (4) Any person aggrieved by the order of the Settlement Officer (Consolidation) under sub-section (3) may within sixty days of that order appeal to the Government. The order of the Government on such appeal, "and subject only to such order, the order of the Settlement Officer (Consolidation) under sub-section (3) or, if the order of the Consolidation Officer under sub-section (2) was not appealed against, such order of the Consolidation Officer, shall be final and shall not be liable to be called in question in any court."
(2.) Section 40 reads - "40 (1) The Government may for the administration of this Act, appoint such persons as it thinks fit and may by notification delegate any of its powers or functions under this Act to any of its officers either by name or designation. (2) A Consolidation Officer or a Settlement Officer (Consolidation) may, with the sanction of the Government, delegate any of his powers or functions under this Act to any person in the service of the Government."
(3.) Section 41 reads - "41. The Government may, at any time, for the purposes of satisfying itself as to the legality or propriety of any order passed by any officer under this Act, call for and examine the record of any case pending before or disposed of by such officer and may pass such order in reference thereto as it thinks fit; Provided that no order shall be varied or reversed without affording the parties interested an opportunity of being heard.";