PRAKASH SINGH Vs. JOINT DEVELOPMENT

JUDGEMENT

(1.) A reference has been made by one of us (Rajive Bhalla, J.) to a larger Bench with respect to the following questions:-

(2.) In order to place the aforementioned questions in their correct perspective, we would briefly refer to the facts.

(3.) The writ petition has been filed by a set of petitioners supported by a set of proforma respondents, who claim that as they are co-sharers/proprietors in the land in dispute, they filed a petition under Section 42 of the East Punjab Consolidation of Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Consolidation Act') for partition of the land. The petitioners etc. pleaded that as before consolidation, the land was Shamilat Deh Hasab Rasad Malgujari as per jamabandi for the year 1951-52, the land should have been partitioned amongst right holders of this khewat, at the time of consolidation. The Gram Panchayat was arrayed as respondent No. 3. The Additional Director Consolidation, Punjab, allowed the petition on 03.09.1996 and directed that the land to be partitioned amongst right holders.