NIRMAL DAS Vs. ADDITIONAL DIRECTOR

JUDGEMENT

(1.) Chain Singh was a tenant under Nirmal Dass and others on Khasra Nos. 303 and 304. The consolidation proceedings took place in the village and the landowners were allotted land at a different place. New Khasra numbers were given in lieu of the old Khasra numbers. However, the rights of tenancy of Chain Singh were safe-guarded in the revenue record by the revenue authorities in the land which had been allotted in lieu of Khasra Nos. 303 and 304. It seems that Chain Singh was not satisfied with the land which was given to him in lieu of the land which comprised in his tenancy before consolidation. He filed an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948 (hereinafter referred to as 'the Act'), and the Additional Director accepted this application and made changes in the holdings of the petitioners. He excluded about 10 kanals of land from the land allotted to the petitioners at the time of repartition and allotted to them an alternative area at a different place. During the consolidation proceedings the consolidation authorities made changes in the holdings of the landowners in accordance with the provisions of the Scheme. The tenants' right are protected to the extent that their tenancy rights are shifted to the lands allotted to the landowners in lieu of their previous holdings. The tenants are entitled to claim this protection only. However, a tenant cannot choose the land comprised in his tenancy. If that were permitted, it can prejudicially affect the rights of the landowners. The order passed by the Additional Director at the instance of the tenant is wholly without jurisdiction. Therefore, I allow this writ petition and set aside the order dated 20th December, 1966, passed by the Additional Director. However, it is made clear that the rights of the tenant on the land, which has been given in lieu of Khasra Nos. 303 and 304, are not affected by this judgment. No costs. Petition accepted.