P.C. Jain, J. - (1.) LAL Singh and others have filed this petition under Articles 226 and 227 of the Constitution of India challenging the legality of the notice issued by the Consolidation Officer, Bhatinda, dated 11th August, 1969 (copy Annexure 'A' to the petition).
(2.) BRIEFLY the facts as stated in the petition are that the Petitioners are land owners in village Balian Khurd, Tehsil Malerkotla, District Sangrur, Consolidation proceedings in this village were completed in the year 1958 when the entire consolidation records were consigned to the record room. The land owners, Petitioners and Respondents 5 and 6 were also put in possession of their new holdings allotted to them. Feeling aggrieved from the allotment made during the consolidation proceedings, Bhag Singh deceased, father of Petitioner No. 4 filed an appeal before the Assistant Director, Consolidation of Holdings, which was decided on 28th July, 1959, and an order was passed to his detriment . However, it seems that inspite of the fact that an adverse order was passed, the same was not challenged under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act). It is further stated that in spite of the order of the Assistant Director, the parties were allowed to remain in possession of their holdings which existed prior to the order of the Assistant Director. Petitioners 2 and 3, it is alleged, have sunk tube wells and have also made improvements along with Petitioner No. 4 by levelling the land which was allowed to remain in their possession in spite of the adverse order of the Assistant Director. However, all of a sudden, Petitioner No. 1 received the impugned notice from the Consolidation Officer on 5th September, 1969, requiring him to hand over possession to Respondent No. 5 within 15 days of the receipt of the notice. Certain objections were filed by Petitioner No. 1 against the notice before the Consolidation Officer, but the same were not entertained. The Petitioners have approached this Court under Articles 226 and 227 for quashing the impugned notice.
(3.) SHRI Hardeep Singh Consolidation Officer alone has filed a written statement in which the issuance of the impugned notice has been justified.;