(1.) By way of this order, we shall answer a reference made by a Hon'ble Division Bench. An extract from the reference reads as follows:-
(2.) Before we proceed to answer these questions, it would be appropriate to narrate the facts.
(3.) The land, in dispute, was admittedly described, in the relevant revenue record as "Shamilat Deh Hasab Rasad Malguzari", before consolidation and during consolidation was assigned to the Gram Panchayat. After three decades or more, the petitioners (land owners/proprietors), filed a petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948(hereinafter referred to as 'the Consolidation Act'), before the Additional Director Consolidation, Punjab, praying that as the land vests in proprietors, it should be partitioned amongst them. The Gram Panchayat was arrayed as respondent no.3. Vide order dated 03.09.1996, the petition was allowed by holding that the land does not vest in the Gram Panchayat and the land was or deemed to be partitioned amongst right holders.
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