JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution of India, challenge is to order dated 26.7.1995 (Annexure P-2) passed by the Additional Director, Consolidation of Holdings, Punjab (for short the Additional Director) whereby land measuring 235 Bighas 14 Biswas has been ordered to be partitioned between various landowners. Challenge is also to order dated 9.4.1997 (Annexure P-3) whereby Director, Consolidation of Holdings, Punjab dismissed the application filed by the petitioners for recalling order dated 26.7.1995.

(2.) In brief, the facts are that respondents No. 4, 5 and 6 alleging themselves to be right-holders of village filed petition under Section 42 0f the East Punjab Holdings (Consolidation and Prevention Fragmentation) Act, 1948 (for short the Act) before the Additional Director challenging the Scheme of repartition on the ground that they continued to be in possession of land in accordance with their shares prior to 26.1.1950 and the land does not fall within the definition of shamilat land under Section 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961 (for short the 1961 Act). They stated that they are entitled for partition of land according to their respective shares and the proceedings for repartition taken under the Act are wrong. The Additional Director vide order dated 26.7.1995 held that the right-holders continued to remain in possession of land and the mutation transferring the land to Panchayat was wrong. He accordingly accepted the petition and ordered repartition of land measuring 235 Bighas 14 Biswas among the various right-holders.

(3.) Petitioners, on coming to know of order dated 26.7.1995, filed petition under Section 42 of the Act before the Additional Director for recalling the order on the ground that the order could not have been passed in their absence because the land was given to them by the Gram Panchayat and they were necessary parties to the petition. The Director dismissed the application filed by the petitioners saying that order dated 26.7.1995 was challenged by the Gram Panchayat in the High Court but the petition was dismissed and Special Leave Petition against the order of the High Court was dismissed by the Supreme Court and, therefore, order dated 26.7.1995 cannot be recalled. Both orders dated 26.7.1995 and 9.4.1997 (Annexures P-2 and P-3) are being challenged in this writ petition.