NAHAR SINGH Vs. ADDITIONAL DIRECTOR CONSOLIDATION OF HOLDINGS

JUDGEMENT

(1.) THIS order of mine will dispose of Civil Writ Petition No. 7000 of 1987, Civil Writ Petition No. 1365 of 1988 and Criminal Misc. 9309-M of 1990.

(2.) CIVIL Writ Petition No. 7000 of 1987 has been preferred by the right-holders of village Longowal Tehsil and District Sangrur whereas Civil Writ Petition No. 1365 of 1988 has been filed by the Municipal Committee, Longowal. Both the writ petitions have been filed for quashing of the order dated 22. 5. 1987 passed by the Additional Director, Consolidation of Holidays, Punjab, Jalandhar, on a petition filed by the right-holders under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act ).

(3.) THE right-holders of village Longowal claim that they along with others, are the owners of Land in village Longowal and are co- sharers of Land shown as Mushtarqa Malkan and land shown as Shamilat Deh, Hasab Rasad Zar Khewat. As per case of the right-holders, conolidation in the village took place about more than 30 years back and during consolidation proceedings, a pro rata cut was imposed on the rights of the right-holders and this way land was carved out for using the same for common purposes i. e. paths etc. and after using the said land for common purposes, a large track of land was reserved surplus as a Bachat Land. Consolidation authorities, while implementing the reparatition failed to distribute the same amongst the right-holders and the same was left as Mushtarka Malkan Deh and Gram Panchayat was shown as manager and owner of the same. Apart from Mushtarka Malkan land, there was a track of Shamilat Deh. The said land was kept in a separate Khewat and the same was shown as Hasab Rasad Zar Khewat and in possession of the right-holders.