(1.) This petition is directed against the order dated 1.2.1985 passed by the Financial Commissioner allowing the revision petitions, being Cases Nos. 293-294/1984-CA, filed by the Gaon Sabha Dera Mandi, Respondent No.2 herein, under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 ("Holdings Act"). By the impugned order, the Financial Commissioner set aside the orders dated 11.1.1982 and 20.3.1982 passed by the Consolidation Officer allotting certain lands in favour of the petitioner.
(2.) The consolidation proceedings in Village Dera Mandi commenced in the year 1974 and concluded on 21.7.1984. According to the petitioner, when the consolidation proceedings started, it was notified by the Consolidation Officer that the Abadi land would valued at Rs.1.5 i.e. one and half times the value of the agriculture land. It was also announced that every resident family was permitted to apply for a land in the Abadi ranging from half a bigha to five bighas. When the scheme was sought to be implemented, it was found that many of the residents had indicated an excess demand of Abadi land. Those allotted land in the abadi failed to take possession of the land when offered to them since they would have to surrender one and a half times the value of the agriculture land. Consequently, some abadi land was rendered surplus and the Consolidation Officer then enquired from the other residents if they were prepared to take abadi land in lieu of agricultural land. Consequently, the petitioner and certain others applied for allotment of abadi land after surrendering one and a half times the value of agriculture land.
(3.) The above facts are borne out by the order passed on 20.3.1982 by the Consolidation Officer on the recommendation of the Patwari that land be allotted to both the petitioner and one Shri Behari. In the same order, the Gaon Sabha was shown as "Haqdar No. 299" in relation to 10 bighas 13 biswas of land. Of this, 7 bighas 10 biswas was allotted to the petitioner and 3 bighas 3 biswas to Shri Behari. It is stated that on 25.7.1984 the final verification took place of the Khatauni papers and with that the consolidation scheme stood finalized.