KUNDAN SINGH Vs. ADDITIONAL DIRECTORCONSOLIDATION OF HOLDINGSPUNJAB

JUDGEMENT

(1.) This is petition under Articles 226 and 227 of the Constitution of India, requiring this Court to quash the orders of the Additional Director, Consolidation of Holdings, Punjab, Jullunder, dated December 21, 1979, Annexure P-4 to the petition.

(2.) Facts giving rise thereto are these : The petitioner as also respondent No. 2 named Swaran Singh were right-holders in village Bir Pind, Tehsil Nakodar, District Jullundur. Consolidation operations under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short, referred to as 'the Act') took place in the village. In the due course the scheme of repartition was prepared. Repartition took place on July 20, 1961. Neither the petitioners nor respondent No. 2 objected to the same and it became final. According to the petitioner, none of them even filed objections thereto so as to attract any order under S. 21(2) of the Act. There were no appeals either under the said S. 21.

(3.) On the supposed assertion of the claim by respondent No. 2, that he had a right to have his land irrigated from a well, he fell out with his brother named Sham Singh, who is not a party to the present petition. This Sham Singh, in order to get respondent No. 2 injuncted from claiming such right and from restraining him from interfering with possession of Sham Singh over a water channel, filed a suit in the Court of Sub Judge, II Class, Nakodar. The same was decreed on Jan. 25, 1979, vide judgment Annexure P-1, wherein the detail of the alleged water-course finds mention in the heading of the judgment. While respondent No. 2 was in the process of prosecuting his appeal against the said judgment, he thought it fit to file a petition under Section 42 of the Act before the Additional Director, Consolidation, vide copy of petition Annexure P 2. That was made on April 12, 1979. The appeal of Swaran Singh before the Additional District Judge against the judgment of the learned Subordinate Judge was dismissed on July 23, 1979. Seemingly, the finding of the trial Court was affirmed that Swaran Singh respondent No. 2 had no such claim against Sham Singh. Presumably finding that it would be futile to the litigation before the Additional Director against Sham Singh, respondent No. 2 withdrew his petition under Section 42 of the Act on Sept. 21. 1979 vide Order Annexure P-3 to the petition. A few days later on Oct. 1979, respondent No. 2 filed a petition under S. 42 of the Act and this time directing it against Kundan Singh primarily (the present petitioner) claiming that he had a right of a water-course from the well situated in Khasra No. 35/27 which had not been provided to him as was the mandate of the scheme of consolidation and that the same should be done now. The learned Additional Director having perused the provisions of the scheme, as also the revenue record, came to the conclusion that the holding of the petitioner as reflected in the Khatauni Ishtemal prepared during the consolidation proceedings, revealed that his area was irrigated, and if that was so, then the petitioner was entitled to have, in accordance with para 8 of the scheme, a water-course by way of a direct link on the Killa-line from the source of irrigation for irrigation purposes since the land of the petitioner did not join the Ahata (the courtyard) of the Persian wheel. He accordingly accepting the petition, allowed a water-course to respondent No. 2 to his holding from the well situated in Khasra No. 35/27, along Killa numbers specified in his order Annexure P-4, which is now impugned.