Tek Chand, J. - (1.) MUNSHA Singh and twenty -six others, residents of village Majatri of Tahsil Kharar, District Ambala, appellants, have moved a petition in this Court under Arts. 226 and 227 of the Constitution of India, praying that consolidation proceedings which were being taken in village Majatri be quashed and proceedings for repetition, in pursuance of the consolidation might be stayed ad interim. The petition was against four respondents the State of Punjab through the Director of Consolidation. Jullundur, the Settlement Officer, Consolidation, Ambala, the Consolidation Officer and the Assistant Consolidation Officer, Kharar. All the respondents were represented by the Advocate -General. This petition was heard by the Grover J. and by his order dated 23 -5 -1958, the petition was dismissed. The learned Singh Judge in his order of dismissal referred to his own decision in Civil Writ No. 645 of 1957 for detailed reasons. The petitioners from the order, have filed this appeal under clause 10 for the Letters Patent, which on being admitted came up before Bhandari C. J. and Dulat J. The Letters Patent Bench by its order dated 3 -4 -1959, expressed the view that the points of law calling for decision in this case were important and were likely to arise in a number of other cases and this appeal was, therefore, referred to Full Bench.
(2.) BENCH dealing with the points raised before us by the learned counsel for the appellants, a brief resume of the facts stated in the writ petition, may be given. The petitioners had stated, that consolidation proceedings were taken in this village in 1945, and the holdings of all the proprietors wee consolidated to the satisfaction of all concerned. The respondents again started consolidation proceedings in the village and prepared a scheme for consolidation. Under the new consolidation proceedings, the estate was notified under S. 14(1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act (No. 50 of 1948) - -hereinafter called the Consolidation Act - -as per notification No. 57 -G/17943, dated 26 -9 -1955.
(3.) ACCORDING to para 2 of the written statement filed on behalf of the first respondent. "the village was taken up for fresh consolidation operations in the interest of development work in the light of new socio -economic conditions released by independence and Constitution of India". As stated in para 3 of the written statement the following reservations have been made during the course of publication of the draft scheme under S. 18(c) in the estate. S. No. Details of purchase for which the reservation has been made Area reserved. Kanals, Marlas Ordinary Kanals, Marlas Standard 1. Village roads including Circular Road 78 -3 50 -4 2. Road under the Development Scheme with 12 karams width 36 -18 29 -15 3 Water tanks 1 -10 1 -10 4 Manure pits 7 -0 5 -16 5. Hadarori 1 -10 1 -10 6. Latrines 1 -13 1 -3 7. Primary School and playground for children 13 -1 6 -11 8. Fuel plantation 8 -0 1 -0 9. Cattle ground 6 -5 3.15 10 Cremation ground for Harijans and others 5 -4 2 -17 11 Graveyard 1 -9 0 -18 12. Grazing ground for cattle 8 -0 1 -0 13. Area given to civil Panchayat 80 -0 35 -12 14. Area for extension of abadi given to the non -proprietors 5 -5 5 -5 235 -18 145 -17 235 -19 235 -20 1 -18 235 -21 2 -7 235 -22 235 -23 Previous area available Area taken for various purposes from the khewat of the right -holders of the estate proportionately.......143 -10;