- (1.) This judgment will dispose of Civil Writ No. 1388 of 1967, Bahal Singh and another v. Additional Director, Consolidation of Holdings, and another, and Civil Writ No. 2217 of 1967, Sardul Singh v. State of Punjab and others, as both the writ petitions have been directed against the same order of the Additional Director, Consolidation of Holdings, dated 25th April, 1967.
(2.) Bahal Singh and Labh Singh petitioners and Sardul Singh respondent in C.W. No. 1388 are landowners and right-holders of village Manawala, Hadbast No. 193, tehsil Ajnala, district Amritsar. Consolidation proceedings started in that village in 1962 under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter called the Act). The repartition scheme was prepared by the Consolidation Officer. Sardul Singh filed objections before the Consolidation Officer to the valuation put on various Khasra numbers belonging to him. The objections were considered by the Consolidation Officer after inspecting the spot and perusing the record and while proposing relief to Sardul Singh, he also stated that "valuation of Khasra No. 959-Min East (2 Kanals 0 Marla) should be reduced from -/10/ to -/2/-." This Khasra No. 959 belonged to Labh Singh petitioner. The Consolidation Officer made his report on 5th September, 1962 which was considered by the Settlement Officer on 26th September. 1962, and it was ordered that action should be taken according to the said report. The Consolidation Officer had made two reports, one on the objections of Sardul Singh and the other on the objections of Bahal Singh, on the same day, that is, 5th September, 1962. In the report on the objections of Sardul Singh, he reduced the valuation of 2 Kanal area out of Khasra No. 959 from -/10/- to -/2/- but in the report on the objections of Bahal Singh, he stated that Khasra No. 959 had been correctly assessed at -/10/-. The report of the Consolidation Officer on the objections of Bahal Singh was also accepted by the Settlement Officer on 26th September, 1962, the date on which he accepted the report with regard to the objections of Sardul Singh. It thus emerges that with regard to Khasra No. 959 two contradictory reports were made by the Consolidation Officer and on the basis of those reports two contradictory orders were passed by the Settlement Officer.
(3.) It appears that on the basis of the order of the Settlement Officer changing the valuation of various Khasra numbers belonging to Bahal Singh and Labh Singh petitioners and Sardul Singh respondent, new Qurrahs were allotted to them by the Consolidation Officer on 10th August, 1963. Against that order Sardul Singh filed an appeal before the Settlement Officer under Section 21(3) of the Act. To this appeal eight right-holders were respondents, one of them being Labh Singh and with regard to him Sardul Singh had contended that he should be given grade second land on the eastern side of field No. 798 and Sardul Singh himself should be given land comprising of fields No. 792. 793, 797 and 798, which comprised his second major portion of grade second. Fe further alleged that Killa No. 48/10 should be given to him by withdrawing Killa No. 22/17/2 from him. His appeal was accepted and some changes were made in the allotments of the parties to the appeal. It appears that Sardul Singh filed an appeal under Section 21(4) of the Act before the Assistant Director which was decided on 30th October, 1964. Curiously enough, no reference to this appeal has been made in the writ petition of Sardul Singh or in the written statement filed by him to the writ petition of Bahal Singh and Labh Singh. Against the order of the Assistant Director dated 30th October, 1964, Sardul Singh filed a petition under Section 42 of the Act on 10th September, 1966 which was decided on 25th April, 1967. The learned Additional Director held that the value of 2 Kanals of land out of Khasra No. 959 was reduced from annas ten to annas two with ulterior motive simply to favour Labh Singh although the area on all sides of this Khasra number was worth annas ten. Sardul Singh showed some excerpts of Khasra Girdawari entries in which the whole of Khasra No. 959 had been entered as cultivated. On the basis of these facts, the learned Additional Director accepted the petition of Sardul Singh on 25th April, 1967, effecting mutual exchange between Sardul Singh and Labh Singh of the areas which had been previously allotted to them. Bahal Singh was not a party to this petition and in respect of his holding a correction was made whereby the area in standard Kanals was changed from 4 Kanals 5 Marlas to 4 Kanals 14 Marlas. The field number is the same 42/15 of which ordinary area was 7 Kanals 11 Marlas. Thus, there was no variation in the allotment which had been made to Bahal Singh and he cannot be said to have any grievance against this order of the Additional Director.;