P.C.Jain, J. - (1.) GHISA Ram and other have filed this petition under Articles 226 and 227 of the Constitution of India, for the issuance of an appropriate writ, order or direction, quashing the Scheme of consolidation of holdings of village Ishar Heri, Tehsil Jhajjar, District Rohtak, prepared in pursuance of Notification No. 7253 -A dated 18th June, 1964, issued under Section 14(1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act), (copy Annexure 'B' to the petition).
(2.) THE facts as slated in the petition are that the Petitioners are land owners in village Ishar Heri, Consolidation operations in this village were started under Notification No. 68 -G/9942 dated 21st November, 1950, issued under Section 14(1) of the Act. The scheme of consolidation was prepared and the consolidation proceedings were completed. Later on a fresh notification No. G -7253 -A dated 18th June, 1964, to carry out consolidation operations, was issued saying that "for the purpose of starting Consolidation of Holdings operations in this village, a notification was previously made by the Government and under that notification consolidation had been done in terms of Bighas. Now again for the purpose of doing the work on the basis of Killa Bandi Notification No. G. 7258 -A dated 18th June. 1964 has been issued." (reproduced from Annexure B) It is this notification of the State Government, the legality of which has been challenged by the Petitioners on the grounds stated in the petition. There is no representation on behalf of the Respondents nor has any return been filed on their behalf. The learned Advocate General who was in the Court, stated that he had no instructions to defend the case.
(3.) After hearing the learned Counsel for the Petitioners, I am of the view that this petition deserves to be allowed. Section 14(1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, Act, 1948 (hereinafter referred to as the Act) on which the notification in question is founded, read as under: - 14. Government may of its own accord or on application declare its intention to make scheme for consolidation of holdings: (1) With the object of consolidating holdings in any estates or group of estates or any part thereof for the purpose of better cultivation of lands therein, the State Government may of its own motion or an application made in this behalf declare by notification and by publication in the prescribed manner in the estate or estate concerned its intention to make a scheme for the consolidation of holding in such estate or estates or part thereof as may be specified. The object of issuing the notification is only to consolidate the holdings. The impugned notification in the instant case has been issued with a view to carry out the consolidation work on the basis of Killabandi as earlier by notification No. 68 -G/9942 dated 21st November, 1950, issued under Section 14(1) of the Act, the consolidation was done in terms of Bighas. On the language of Section 14(1), I find myself unable to hold that a notification can be issued by the State for the purpose of doing the work on the basis of Killabandi. As earlier observed, the only object of Section 14(1) of the Act is to consolidate the holdings. There is no reference in the notification that there was any fragmentation after the previous notification of the year 1950 and that to consolidate the holdings, the later impugned notification had been issued. Such a notification is obviously outside the purview of the statute and cannot be upheld. 5. Consequently this petition succeeds and allowing the same I set aside the impugned notification. As there is no representation on behalf of the Respondents, there will be no order as to costs. ;