PRITHIPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order of mine will dispose of Civil Writs Nos. 791 and 2238 of 1964, as similar question of law and fact arise in these petitions. These petitions have been filed for the issuance of an appropriate writ, order or direction, quashing the scheme of village Saloh, Tehsil Nawanshahr, District Jullundur, and also an order of the Additional Director, dated the 17th June, 1964 (copy Annexure 'I' to the petition). The legality and correctness of the order of the Assistant Director dated the 30th October, 1959 (copy Annexure C/1 to the petition) has also been assailed. I am narrating the facts from Civil Writ No. 791 of 1964.

(2.) The petitioners are landholders in village Saloh, Tehsil Nawanshar. Consolidation operations were started in this village vide Notification No. 57-47-G/14699-A issued under Section 14(1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act), on the 27th November, 1952. The scheme was published on the 22nd May, 1955, and was confirmed by the Settlement Officer on the 28th June, 1955. The repartition was carried out under Section 21(1) of the Act.

(3.) Feeling aggrieved from the repartition, the petitioners' grand-father alongwith his sons filed objections under Section 21(2) of the Act but the same were rejected by the Consolidation Officer, respondent No. 4 vide his order dated the 9th February, 1956 (English translation of the order is attached with the petition as Annexure A/1). Feeling aggrieved from the order of the Consolidation Officer, petitioners' grandfather filed an appeal under Section 21(3) of the Act but the same was rejected by the Settlement Officer, respondent No. 3 on the 5th June, 1956 (copy of the order is Annexure B/1 to the petition). Still dissatisfied, the petitioners' grandfather alongwith his wife and three sons, filed different appeals against the order of the Settlement Officer under Section 21(4) of the Act which were partially allowed by the Assistant Director, Consolidation of Holdings, on the 30th October, 1959 (copy Annexure C/1 to the petition). As the petitioners' grandfather did not get the entire relief, he approached the State Government under Section 42 of the Act. This petition was rejected by the Additional Director on 17th June, 1964 by the impugned order (copy Annexure 'I' to the petition). As earlier observed, by way of these petitions, the legality and correctness of this order of the Assistant Director and that of the scheme have been challenged on various grounds stated in the petition.