VIJAY KUMAR Vs. ADDITIONAL DIRECTOR

JUDGEMENT

(1.) Consolidation operations were carried in village Deb Babanpur Dhani, Tehsil Ratia, District Hisar somewhere in the year 1959-60. At the time of consolidation, a cut was imposed on the right-holders. Out of this land, after leaving some area for common purposes, a separate khewat was forced and was recorded in the revenue record as 'Mushtarka Malkan Va Deegar Haqdaran Hasab Raqba Khewat'. In the column of cultivation of jamabandi for the year 1959-60, this land was shown as 'Maqbuja Malkan'. In view of the entries in the revenue record, the petitioners filed an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short 'the Act'), Annexure P-3, contending that the Consolidation Department had applied a huge cut at the time of consolidation and it was on that score, much area was left which had to be recorded as Mushtarka Malkan Va Deegar Haqdaran Hasab Raqba Khewat, and the same being in possession of the right-holders, is the ownership of the whole village and, therefore, was liable to be partitioned. It was also contended that the land of the proprietors could not be reserved for the income of the Gram Panchayat and for the benefits of non agriculturist labourers and the Khewat of Zumla Mustarka Malkan was liable to be partitioned and distributed to the shareholders according to their shares. It was in this context, prayed that the share of the right-holders be determined and carved out.

(2.) The Additional Director, Consolidation of Holdings, Haryana, Rohtak vide his order dated April 11, 1989, Annexure P-4 disposed of the application by observing that since the work of consolidation had been completed, the partition is to be carried out by the revenue agency. He consequently directed that in case any partition was desired, the petitioners should move the revenue Court for that purpose and no action was possible in the application under Section 42 of the Act. In the earlier part of his order, the Additional Director observed as under :

(3.) Aggrieved by this order of the Additional Director, the petitioners through this petition have prayed that order Annexure P-4 be quashed and he be directed to determine the share of the right-holders and carve out the Kurras for each of the shareholders.