CHANDERPATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners have filed this writ petition seeking quashing of order dtd. 24/11/2014 (Annexure P-8) passed by the learned District Collector, Fatehabad in exercise of its power under Sec. 21(4) of the East Punjab Holding (Consolidation and prevention of Fragmentation) Act, 1948 (as applicable to the State of Haryana), (here-in-after referred to as 'the Consolidation Act-) whereby, order dtd. 2/12/2005 (Annexure P-7) passed by the learned District Revenue Officer, Panipat has been set aside and order dtd. 17/11/2004 (Annexure P-6) passed by the Consolidation Officer, Hisar has been upheld.

(2.) It is the contention of the petitioners that private respondents were big land owners and their land was declared surplus by the prescribed authority vide order dtd. 12/2/1981 (Annexure P-1) and land in dispute comprised in Rect. No.177, Killa no.24/1 (6-12) had come under possession of fore-fathers of the petitioners. It is contended that if land in question is entered into the name of Ishwar Dass etc., then their land will become 432+06K 12M=438K and 12M, which is not permissible as per law.

(3.) Learned counsel for the petitioners submits that private respondents, in order to get undue benefit for themselves and to cause loss to the petitioners, initiated proceedings under Sec. 21(2) of the Consolidation Act by claiming that Killa No.177//24 (0-16) (standard area) was to be allotted to them at the time of consolidation, however, the same was wrongly entered in the name of the petitioners in the jamabandi for the year 1989-90. Petition under Sec. 21(2) of the Consolidation Act filed by the private respondents was allowed vide ex-parte order dtd. 1/4/2004, whereby, Rect. no.177//24/1 (6-12) was allotted in their favour. The petitioners sought setting aside of ex-parte proceedings, which was allowed by the Consolidation Officer, Hisar vide order dtd. 5/8/2004 (Annexure P-5) and the matter was fixed for further proceedings, which culminated into passing of order dtd. 17/11/2004 (Annexure P-6), whereby, it was held that Killa no.177//24 was left out to be entered in the name of Ishwar Dass etc. due to mistake and Killa no.177//24/1 had been wrongly entered in the name of Chander Pati in the jamabandi for the year1989-90 and prior thereto, this land had not been given to anyone.