SARDAR ANJMAN AHMEDIA Vs. DIRECTOR CONSOLIDATION AND OTHERS

JUDGEMENT

(1.) Respondents No. 2 and 3 moved a petition under Section 42 of the East Punjab Holding (Consolidation and Prevention of Fragmentation) Act for the correction of the entries in the column of ownership of the Jamabandi to the Additional Director, Consolidation of Holdings. The consolidation took place in the year 1963 whereas the said petition was filed on June 7, 1982, about 20 years thereafter. No reason whatsoever has been given in the order for entertaining the petition after such a long interval. That apart, respondent No. 2 and 3 had no title whatsoever in the land in dispute which could entitle them to move this petition. Their learned counsel contends that they are in possession since the year 1948, it being an evacuee property. The person in possession has no say in the consolidation proceedings and it is only the right-holders, tenants, or the mortgagees in possession who have a right to be hear in these proceedings as interested parties. Respondents No. 2 and 3 have not claimed themselves either as landowners or tenants or locus mortgagees in possession. They, therefore, had no locus standi to move the petition under Section 42 of the Act. The learned counsel then contended that the Additional Director had jurisdiction to pass any order suo motu to correct the apparent mistake in the record of the rights prepared during the consolidation operations. The contention is wholly misconceived. The Additional Director had not invoked his suo motu powers and the impugned order was passed on the application of respondents Nos. 2 and 3. This petition is consequently allowed and the impugned order dated September 6, 1982 is quashed. No costs.