RAM SAROOP Vs. RAM NATH

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment of the learned single Judge dated 18th July, 1983 in CW 1829182 setting aside the order of the Consolidation Officer (For short 'CO') dated 16th December, 1981 vide which he has taken away land from respondent No. I, Ram Nath, from killas 41/16 (2 bighas 9 biswas) and 41/17 (3 bighas) and allotted the same to the appellant, Ram Saroop, and also the order of Shri D. K. Das, Financial Commissioner dated 10th May, 1982 upholding the order of CO in the revision petition filed before him.

(2.) The relevant facts set out in the pleadings are that as a result of the consolidation proceedings having taken place in village Sannoth under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Act'), Ram Nath, respondent No. I, was allotted and from killas 47/12 (4 bighas II biswas) and 47119 (2 bighas 7 biswas) situated in the revenue estate of village Sannoth, Delhi and that he entered into possession of such holding under Section 24 of the Act in the year 1976 and since then he has been in peaceful allotment and possession of the said land and no objection under Section 21(2) of the Act was ever filed by the appellant, Ram Saroop, or anybody else in the village against the allotment to Ram Nath, respondent No. 1. It appears that the CO vide his orders dated 31st January, 1981 and 10th March, 1981 on remand order passed by the Settlement Officer in Rati Ram vs. Mahabir etc., withdrew the land from killas 4712 (42 bighas II biswas')and 47/19 (2 bighas 7 biswas) from Ram Nath respondent No. I', and allotted it first to Gaon Sabha and later on to the appellant. Ram Saroop. Against these orders of CO dated 31st January, 1981 and 10th" March, 1981, Ram Nath, respondent No. I, filed revision petition before the Financial Commissioner on two grounds: that the orders passed by the CO dated 31st January, 1981 and 10th March, 1981 were massed behind his back and that' he was not a party to these proceedings and consequently he had entered into possession of the holding after re-partition under Section 24 of the Act and. which order has become final insofar as the CO is concerned and that 're-partition cannot be disturbed unless a fresh scheme is brought into force or achange is ordered in pursuance of provisions of sub-sections (2). (3) and (4) of Section 21 or an order passed under Section 36 or 42 of this Act. The Financial Commissioner on 24th September, 1981 accepted the revision of respondent No. I, Ram Nath, and restored killas 47 12 and 47jl9 to Ram Nath. He further remanded the case to the CO to appropriately make up the deficiency of Ram Saroop accruing on account of restoration of aforementioned killas to Ram Nath.

(3.) On remand by the Financial Commissioner. Shri W. Shaiza. what the CO vide his order dated 16th December. 1981 again did was that he again withdrew another niece of land from killas 41/16 (2 bighas 9 biswas) and 41/17 (3 bighas) from Ram Nath, respondent No. I, and gave the same to Ram Saroop. appellant, under the. garb of making up the deficiency to him as a result of restoration of killas 47/12 and 47/19 to Ram Nath, respondent No. 1. as according to him Ram Nath had been allotted land in Block No. 4 to the extent of Rs, 20. "whereas he has got his demand' in this Block of Rs. 13. i.e.. Rs. 7 more than that of his demand. Ram Nath filed a revision against this order of the' CO and Shri D. K. Das. Financm! Commissioner, vide his order dated 10th May, 1982 did not find any justification to interfere with the orders of CO with the result the order passed by the CO dated 16thDecember, 1981 withdrawing land from killas 41/16 and 41/17 from Ram Nath became final. It is this order of the CO dated 16th December, 1981 and the order of the Finanical Commissioner dated 10th May, 1982 which have been challenged by the petitioner respondent No. I, Ram Nath, in CW 1829182. Avadh Behari. J. allowed the writ petition and quashed the orders of the CO dated 16th December, 1981 and of the Financial Commissioner dated 10th May, 1982 on the ground that once the re-partition of the land had taken place and Ram Nath had been put in possession in 1976, under Section 24 of the Act, finality was attached to the re-partition under Section 24 which took place. in 1976 and it shall remain undisturbed until fresh scheme is brought into force or a change is ordered in pursuance of provisions of sub-sections (2) to (4) of Section 21 or an order passed under Section 36 or 42 of the Act and as such the CO had no jurisditcion to pass the order dated 16-12-1981. Even otherwise on the facts also it was found by the learned single Judge that there was no justification for the CO even on mints to take away another piece, of land from killas 4116 and 41/l7 from Ram Nath. Being aggrieved from this judgment dated 18th July, 1983 of the learned single Judge, Ram Saroop has preferred this Letters Patent Appeal.