STATE OF PUNJAB Vs. JAGIR SINGH

JUDGEMENT

(1.) This order will dispose of three appeals filed under clause 10 of the Letters Patent, two filed by the State of Punjab (being L.P.A. 29 of 1969, arising out of Civil Writ 617 of 1968, and L.P.A. 259 of 1969, arising out of Civil Writ 1819 of 1968) and one filed by a private respondent Kartar Singh being L.P.A. 528 of 1968 also arising out of Civil Writ 617 of 1968.

(2.) So far as L.P.As. 29 of 1969 and 528 of 1968 are concerned, they relate to village Mahmoodpur, tehsil and district Ludhiana, for the consolidation of holdings of which village a notification was issued by the Punjab Government under Section 14(1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act), on 12th June, 1962. A scheme was, consequently, prepared and confirmed, and reparation proceedings were taken by the Assistant Consolidation Officer under Section 21(1) of the Act on 6th November, 1962. A number of rightholders filed appeals and petitions under sections 21 and 42 of the Act. Certain writ petitions were also filed in this Court and they were disposed of. One such petition under Section 42 was filed by Kartar Singh which was disposed of by the Additional Director by his order dated 26th July, 1967 (Annexure 'D') and the operative part of the order is as follows :-

(3.) The learned Single Judge accepted both the writ petitions and directed the impugned memorandum to be quashed. So far as village Majri is concerned, no return was filed on behalf of the State and, consequently, the allegations made in the petition to the effect that possession of the rightholders had been transferred to the new holdings under Section 23 of the Act and in fact there was nothing more to be done, were correct. In view of this it was conceded on behalf of the State that it had nothing to urge in L.P.A. 259 of 1969, which is consequently, dismissed.