LAWS(P&H)-2021-8-191

ATTAR SINGH Vs. COMMISSIONER ROHTAK DIVISION

Decided On August 04, 2021
ATTAR SINGH Appellant
V/S
Commissioner Rohtak Division Respondents

JUDGEMENT

(1.) Petitioners have approached this Court challenging the order dtd. 9/2/2021 (Annexure P-6) passed by the Commissioner Rohtak Division, Rohtak exercising the powers of the Director Consolidation under Sec. 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'Consolidation Act, 1948'), whereby the application of the petitioners under Sec. 42 of the said Act for correction of the error which has crept in the scheme of consolidation and their shares have been wrongly recorded on the basis of the wrong mutation which was sanctioned prior to the consolidation scheme which led to the error at the subsequent stage as well, has been dismissed.

(2.) It is the contention of the learned counsel for the petitioners that the correct shares were recorded in Mutation No. 200 dtd. 19/4/1919 which continued, however, the mutation was wrongly entered in Jamabandis for the year 1951-52 resulting in the shares of the parties being not correctly recorded. These wrong entries continued in the Jamabandis for the subsequent years as well.

(3.) Consolidation in the village started in the year 1968-69 and concluded in the year 1978-79. First Jamabandi was prepared in the year 1979-80, where again wrong entries have been made. Counsel contends that the petitioners, through a petition under Sec. 42 of the Consolidation Act, 1948, had sought correction of the entries made in the Jamabandis consequent upon the consolidation having been carried out in the village.