LAWS(P&H)-2011-4-112

SOHAN SINGH Vs. STATE OF PUNJAB

Decided On April 28, 2011
SOHAN SINGH Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) THIS appeal has been filed against an order passed by the learned Single Judge on March 10, 2011, dismissing Civil Writ Petition No. 3240 of 2011, filed by the Petitioner.

(2.) HEARD .

(3.) IN the meantime, in an order passed under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, (in short the Act), the Director, Consolidation of Holdings, Punjab, on June 1, 1979. and ordered that a fresh scheme be framed as per the provisions of Section 21(1) of the Act. Fresh scheme was accordingly framed. As per that scheme, the allotment was made to the right holders as per their entitlement. The Appellant laid challenge to the allotment of land made to him by filing an application under Section 42 of the Act on a ground that his major portion has not been properly carved out as per evaluation fixed, regarding his land, which he owned before the start of the consolidation proceedings. His application was accepted vide order dated April 12, 1984 and amendment was made regarding the allotment of land made to the Appellant and to the Respondents therein, as per their entitlement. The said order was challenged by the private Respondents in Civil Writ Petition No. 3111 of 1984, which was disposed of vide order dated December 17, 2004. Relevant portion of the order reads thus: