SELAK Vs. COLLECTOR BAGHPAT

JUDGEMENT

(1.) Supplementary-Affidavit filed today on behalf of the petitioners, is taken on record.

(2.) After the matter was heard at length, Sri S. C. Verma, learned counsel for the petitioners submits that the respondents themselves having indicated in their reports that the abadi of the petitioners was more than 40 to 50 years old, it cannot be said that the petitioners are encroaching over Gaon Sabha land.

(3.) What appears from the pleadings and according to the supplementary-affidavit filed on behalf of the petitioners is that the land, over which encroachment is alleged, was earlier the holding of the petitioners, which during the consolidation operations came to be altered by way of chak allotment and the land in question came to be reserved for a public utility purpose, namely, housing the panchayat ghar. Accordingly, once the petitioners had been allotted land elsewhere, and if the entries were made as per the settlement during the consolidation operations, then mere existence of old constructions would become immaterial. It is trite law that the consolidation operations bring about a settlement and once the statement of principles have been confirmed under the consolidation scheme, then no right can be claimed by either of the parties contrary to the same unless challenged by any one.