STATE OF PUNJAB Vs. SARMUKH SINGH

JUDGEMENT

(1.) COMMON questions of law and fact arise in Letters Patent Appeals Nos. 179 and 286 of 1969. They will, therefore, be conveniently disposed of by the common judgment.

(2.) THE land in question is out of Killa Nos. 16 and 17/1 of Rectangle No. 47 of the revenue estate of Sureshwala, Tehsil Fazilka, District Ferozepore. Consolidation proceedings started in this village when a notification under Section 14 (1) of the east Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act) was issued on April 12, 1960. The scheme of consolidation was finally published on January 15, 1961. It was confirmed under section 20 (3) of the Act on February 21, 1961. A scheme of repartition under section 21 (1) of the Act was published on April 11, 1961. In repartition, aforesaid killa Nos. 16 and 17/1 of Rectangle No. 47 were allotted to Sarmukh Singh (Respondent No. 1 in the appeals before us) on April 11, 1960. Lal Singh, respondent, filed objections under Section 21 (2) of the Act before the consolidation Officer, who dismissed the same by an order dated September 1, 1961, against which Lal Singh went in appeal under Section 21 (3) before the settlement Officer. The latter dismissed the appeal on January 10, 1962. Lal Singh preferred a second appeal before the Assistant Director, who accepted the same by an order, dated April 29, 1962, whereby an area of 7 Kanals 8 Marlas out of field No. 16 and 4 Kanals out of filed No. 17/1, totaling 11 Kanals 8 Marlas, was excluded out of the allotment of Sarmukh Singh and included in that of Lal Singh. Aggrieved by that order of the Assistant Director, Sarmukh Singh preferred a petition under Section 42 of the Act before the Additional Director, who by his order of October 9, 1962 (copy Annexure 'a' to Writ Petition No. 2505 of 1964) set aside the order of the Assistant Director and restored the whole area of Field Nos. 16 and 17/1 of Rectangle No. 47 to Sarmukh Singh subject to the latter relinquishing certain other fields that had been given to him under the order of the assistant Director.

(3.) BHAG Singh, Respondent No. 2 also filed objections against the allotment on re-partition, before the Consolidation Officer. The latter dismissed the same on august 31, 1961. Against that order, Bhag Singh went in appeal before the settlement Commissioner, who dismissed the same on October 12, 1961 (copy of that order is Annexure 'b' to the writ petition ).