HARMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this writ petition, the only question raised is as to whether the Government is competent to issue notification under sub section (1) of Section 14 of the East Punjab Holdings (Consolidation and Prevention of Fragmentations) Act, 1948 (hereinafter referred to as the Act) in an estate where consolidation had already taken place under the Act.

(2.) THE writ-petitioners are the land-owners in village Khadial Tehsil Sunam District Sangrur. Notification under Section 14 (1) of the Act was published on 21. 9. 1953 and confirmed on 6. 12. 1959. Subsequently, the Scheme was revoked and withdrawn on 15. 10. 1968. Thereafter, subsequent scheme was prepared and published according to the provisions of the Act which were confirmed on 21. 1. 1970 under Section 20 (1) of the Act According to the scheme, repartition was carried out under Section 21 (1) of the Act on 11. 7. 1970 and on the same day possession of all the right-holders were transferred under Section 23 of the Act. After completion of the consolidation under the Act, the consolidation record was consigned on 3. 2. 1973.

(3.) SOME of the right-holders of the village through representation dated 19. 5. 1988 requested the Director, Consolidation of Holdings, Punjab, Chandigarh, to carry out the consolidation proceedings. In the representation, it was stated that despite consolidation proceedings which took place in the village about 20 years back, no benefit accrued to the right-holders as almost land measuring about !00 Acres was left as Bachat. It was also stated that small Taks have been made because at the time of consolidation, there was Thur and Sam in the village. The area which was left as Bachat, should be allocated to the right holders in order to reduce the number of their holdings. The representation was considered by the Government and notification dated 23. 9. 1988 was published on 7. 0. 1988 (Annexure P. 1/t) vide which the Government notified seven villages under Section 14 (1) of the Act including the village Khadial for the purpose of better cultivation of land. This notification is being challenged by the petitioners in this writ petition.