SARLA MITTAL Vs. FINANCIAL COMMISSIONER, DELHI

JUDGEMENT

(1.) Petitioner, Sarla Mittal, had a pre-consolidation holding ad-measuring 4 bigha and 16 biswa comprised in khasra No.291 in the revenue estate of Village Budhpur. Respondent No.2 Smt.Banarsi Devi had a pre-consolidation holding ad- measuring 4 bigha and 16 biswa in khasra No.304 in the same village. Nirmal Kumar, S/o Smt.Banarsi Devi had a pre-consolidation holding ad-measuring 3 bigha and 3 biswa in the same village.

(2.) During repartition under Section 21(1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act,1948, petitioner was allotted plot No.238 (within phirni) plus agricultural land comprised in khasra No.24/16 (0-14) and 24/17 (3-04). Smt.Banarsi Devi was allotted plot No.248 (within phirni) plus agricultural land comprised in khasra No.25/3min (0-7) and 25/4min (2-18). Nirmal Kumar was allotted plot No.126. Entire demand of all the three was satisfied. Plot No. 119 was allotted to one Raj Singh.

(3.) Sub-section (2) of Section 21 of the East Punjab Holding Act,1948 gives a statutory right to a person aggrieved by repartition to file written objections before the Consolidation Officer. If objections are filed, Consolidation Officer is obliged to consider the same and pass an order confirming or modifying the partition effected.