GRAM PANCHAYAT KAKRA Vs. ADDITIONAL DIRECTOR

JUDGEMENT

(1.) AT the request of counsel, Civil Writ Petition No. 4928 of 1984 is taken on board for final disposal.

(2.) IN this writ petition filed by the Gram Panchayat Kakra, Tehsil and District Sangrur, challenge is to order dated 9.8.1984 (Annexure P-3) passed by the Additional Director, Consolidation of Holdings, Punjab (for short the Additional Director) whereby the Additional Director has allowed petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act) filed by some of the right-holders. Vide impugned order, the Additional Director has remanded the case to the Consolidation Officer for making necessary changes in the revenue record so that land could be distributed among the right-holders as per cut imposed on them.

(3.) GRAM Panchayat contested the petition and pleaded that the land was not deducted from the holdings of the right-holders and is being used by the Gram Panchayat for common purpose of the village. It submitted that the Panchayat is the absolute owner of the land as it is Shamilat Deh. Vide order dated 9.8.1984 (Annexure P-3), the Additional Director accepted the petition and remanded the matter to the Consolidation Officer for making necessary changes in the revenue record so that land could be distributed among the right- holders as per cut imposed on them. Hence, this civil writ petition challenging order dated 9.8.1984 (Annexure P-3).