RAM LAL Vs. MADAN JHA

JUDGEMENT

(1.) The facts giving rise to this petition are that the consolidation proceedings took place in village Pindwala Khurd, in 1953-54. The petitioners along with other co-sharers were allotted kila No. 22/1 besides other land in the consolidation proceedings and were put in possession of the same. The consolidation proceedings were completed in 1956 and the scheme came into force in 1956 itself. On the application filed by the petitioners for partition of their holdings from other co-sharers, the partition of the land was allowed by the order of the Revenue Assistant dated 21.1.1987 and land measuring 50 bighas and I biswas including khasra No. 22/1 fell to the share of the petitioners. One Ranjit Singh Filed An application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 before The Financial Commissioner in April. 1987. claiming passage to his fields. The Financial accepted that application and remanded the case to the Settlement Officer (Consolidation) for providing passage to the fields of Ranjit Singh. The Settlement Officer (Consolidation) vide order dated 30/8/88 directed that "a rasta having width of 2 ghatha towards eastern side of kharra No. 22/10 be provided to the chack of the petitioner and Sh. Bhartu etc. It is further ordered that the land equivalent to the land of rasta of khasra No. 22/1 be taken out from khasra No. 22/15 towards north and same be given to Sh Bhartu etc in lieu of this equivalent land be withdrawn from these persons towards north side of the khasra No-22/10 and the same be included in the khata of Sh. Ram Lal etc. bhoomidars of khasra No.22/l."

(2.) Both these orders passed by the The Financial Commissioner on 30.6.87 and passed by the Settlement Officer (Consolidation) dated 30.8.88 have been challenged by the petitioners in this writ cw petition.

(3.) The main contention raised by the counsel for the petitioners is that the proceedings before the Financial Commissioner as well as before the Settlement Officer (Consolidation) were taken at the back of the petitioners without any notice to them and as such they are void, illegal and not binding on the petitioners. The consolidation proceedings had been completed long ago. The petitioners were declared Bhoomidars in 1954-55 under the Delhi Land Reforms Act. 1954. Bhumidars cannot be disturbed in this manner and the revenue authorities have no jurisdiction to make any change in the Bhumidari holding declared after the completion of the consolidation proceedings.