JOGINDER PAL Vs. DIRECTOR, CONSOLIDATION OF HOLDINGS PUNJAB

JUDGEMENT

(1.) The petitioners are members of Scheduled Caste (Chamars) and are worshipping their Jatheras in the land in dispute comprising old Khasra No. 546, measuring 10 Marlas only, as recorded in the Jamabandi for the year 1945-46 of village Uppal Khalsa, H.B. No. 73, Tehsil Phillaur, District Jalandhar. After consolidation, the new number allotted to the land in dispute (that is, old Khasra No. 546) is 18/12. Even after consolidation, the place of worship remained intact and the petitioners, along with other members of the community had been visiting the place for offerings and worship etc. without any objection. However, in 1991 it transpired that the corresponding entry in the remarks column of the record of consolidation with regard to the existence of Gair Mumkin Jathera Chamaran had not been made by the consolidation staff and deriving benefit therefrom, respondent Ujagar Singh and others of the village started claiming possession of the same being allottees after consolidation. Aggrieved against the same the petitioners approached the Director Consolidation by way of revision petition under section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, but the same was dismissed. They have now invoked the writ jurisdiction of this court for the protection of their rights.

(2.) Having heard the learned counsel, we find that the place for worship of the petitioners and other members of their community chamars of the village, has, in fact, been recorded in the revenue records for about half a century. Photograph of the place of worship, Annexure P3 with the writ petition, amply proves the claim of the petitioners: If during consolidation, the consolidation staff inadvertently omitted to carry out the relevant entry in the remarks column of the consolidation record that Gair Mumkin Jathera Chamaran was in existence on the land in dispute, the rights of the petitioners could not be extinguished.

(3.) Consequently, we allow this petition and direct the respondent consolidation authorities, through the Director, Consolidation of Holdings, respondent No. 1, to make the necessary entry of the Quami of Jatheras Chamaran in the revenue record, that is, the existence of place of worship in the land in dispute, and to retain the same as such for the benefit of the village community. No costs.