BALDEV SINGH Vs. DIRECTOR CONSOLIDATION PUNJAB

JUDGEMENT

(1.) This order shall dispose of CWP No. 17632 of 1995 and CWP No. 5149 of 2007 as the challenge in both the writ petitions is to order dtd. 31/10/1995, Annexure P-11, passed by the Director, Consolidation of Holdings, Punjab, Jalandhar.

(2.) Both the writ petitions are taken up together for hearing and decision at request and with consent of learned counsel for the parties.

(3.) Brief facts necessary for adjudication of the petitions, as pleaded, are that petitioners in both the writ petitions claim to be the right holders/proprietors of village Akar, District Patiala. It is pleaded that the land in question measuring 1396 Bigha-07 Biswas belonged to the proprietors as per 'Sharat Wajub-Al-Araz' with entry in the column of ownership recorded as 'Shamlat Deh Hasab Rasad Zar Khewat' and in the column of cultivation as 'Maqbooza Malkan'. It is stated that the land in question belonged to the proprietors jointly and nature of the land is recorded as 'Banjar Quadim'. Consolidation of land holdings in village Akar took place in the year 1956 and in the 'Misl Haqiat', Nagar Panchayat was recorded as the owner and in the column of cultivation, the proprietors were reflected. Mutation no. 386 was sanctioned in this respect. It is stated that out of total land of 1396 Bighas 07 Biswas, a cut of 38 K 18 M was applied for the use of common purposes such as cremation ground, hadda rori, place of worship, school, paths etc. Petition under Sec. 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short 'the Consolidation Act'), was filed by some of the residents of village Akar, District Patiala. The Director, Consolidation, Punjab, vide order dtd. 13/12/1985 held mutation no. 386 dtd. 12/6/1956 to be illegal, nonest, thus not conferring any right or title. The Consolidation Officer was directed to distribute the land measuring 2263 K 16 M among the share holders according to their shares.