SUKHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners have invoked jurisdiction of this Court under Sec. 482 Cr.P.C. seeking quashing of Kalandra under Sec. 145 Cr.P.C. dated 24th of October, 2017 and order dated 22nd of December, 2017 passed under Sec. 146(1) Cr.P.C. whereby Receiver has been appointed qua the land measuring 487 acres.

(2.) Necessary facts that need to be culled out for proper adjudication of the controversy in hand are that the land in dispute is situated within the Revenue Estate of village Nanhera, Sub Tehsil Bapoli, District Panipat situated at the banks of Yamuna River. The boundaries of the river was subject to alluvion and dilluvian owing to river action every year and the same was fixed by an Act of Parliament enacted as the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 as per Dikshit Award. Consolidation in the village was initiated under Sec. 14 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Act of 1948) by issuance of notification. Scheme was prepared qua the land holding of the Revenue Estate of the village under Sec. 14(2) however land described as shamlat deh comprising in Khewat No.249 could not be partitioned for want of proper revenue record qua titled of co-sharers. Rather the proprietors were left to seek partition under Sec. 111 of the Punjab Land Revenue Act, 1887. In 1989 notification was again issued under the 1948 Act for consolidation of shamlat deh land however, the same was withdrawn to be issued again on 5th of May, 1990. Qua Notification dated 5th of May, 1990 issued under Sec. 14(1) of the 1948 Act, 836 acres of shamlat Khewat bearing 249 situated in village Nanhera was sought to be consolidated. Scheme of consolidation pursuant thereto was sanctioned by Settlement Officer vide order dated 16th of March, 2002. Such order of sanction was assailed by some of the proprietors by filing petition under Sec. 42 of 1948 Act, which was dismissed vide order dated 16th of December, 2003. The aforesaid orders dated 16th of March 2002 and 16th of December, 2003 were further challenged by way of Writ Petition No.5578 of 2004 before this Court. This Court stayed the consolidation proceedings and issued Rule. The writ petition was finally dismissed vide order dated 23rd of August, 2010 (Annexure P-1). During the period the writ petition was pending before this Court on the representation made by interested parties including the petitioners, Deputy Commissioner, Panipat vide communication dated 26th of November, 2007 highlighted certain irregularities committed by Consolidation Authorities while preparing revenue record during the process of consolidation qua shamlat land. However, vide report dated 25th of May, 2017 consolidation proceedings were reported to be completed in proceedings dated 7th of April, 2017 when all the shareholders appended their signatures/thumb-impressions on Consolidation Proceedings Register. Possession could not be handed-over due to stay order w.r.t. possession, passed by District Revenue Officer-cum-Consolidation Officer, Panipat. Report qua the aforesaid facts dated 25th of May 2017 is on record as Annexure P-7. Some of the shareholders again approached this Court by way of CWP No.7878 of 2017 which was decided vide order dated 15th of May, 2017 which reads as under :

(3.) In compliance of the order dated 15th of May, 2017 passed by this Court (supra) Consolidation Officer-cum-District Officer, Panipat i.e. the Competent Authority passed following order dated 31st of May, 2017 (Annexure P-10) :