GRAM PANCHAYAT Vs. SECRETARY TO GOVT. OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of Civil Writ Petition Nos.11786 of 1988 and 7012 of 1991, as learned counsel for the parties are agreed that the issue involved in both the petitions is identical. However, the facts are being extracted from Civil Writ Petition No.11786 of 1988.

(2.) Challenge in CWP No.11786 of 1988 is to the order dated 1.9.1988, Annexure P.1 passed by respondent No.2 the Additional Director, Consolidation of Holdings, Punjab, Chandigarh at Mohali, whereby the petition filed by respondent No.3 under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (in short, "the Act") against repartition carried out under Section 21(1) of the Act was allowed.

(3.) A few facts relevant for the decision of the controversy involved, as narrated in the petition, may be noticed. Consolidation proceedings took place in Village Jebbo Majra, Tehsil Malerkotla, District Sangrur in late 1950s. The scheme was prepared and reparation was carried out after confirmation of scheme by the Settlement officer under the Act. The record of rights on the basis of revenue record was prepared by the consolidation staff. The land was graded as per its value and this was so shown in the haqdarwar of each right holder as per his respective khata. Some land was reserved for the petitioner-Gram Panchayat to meet the expenses of village community. In order to meet the requirements of the right holders, bachat area was left i.e. a pool to meet the deficiency of land of right holders of the village and this was made possible after imposing prorata cut on the khata of the right holders. In the year 1982, respondent No.3 filed an application under Section 42 of the Act before respondent No.2 for making up the deficiency of land of his khata.