GURDIP SINGH AND OTHERS Vs. ADDITIONAL DIRECTOR CONSOLIDATION OF HOLDINGS, PUNJAB AT JALANDHAR AND OTHERS

JUDGEMENT

(1.) This order shall dispose of CWP Nos.5672, 5673 and 15773 of 1996, as according to the learned counsel for the respondents, identical questions of law and facts are involved therein. Challenge in these writ petitions is to the order dated 28.7.1995 (Annexure P-6) passed by respondent No.1-the Additional Director, Consolidation of Holdings, Punjab, Jalandhar, whereby a bunch of 28 petitions filed under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act ) had been adjudicated by him. For brevity, the facts are extracted from CWP No.5672 of 1996.

(2.) According to the averments made in the writ petition, the petitioners are the residents of Village Kolianwala, Tehsil and District Kapurthala and are co-sharers of the land situated therein. According to them, there existed a vast track of land which was wrongly shown as the ownership of the Gram Panchayat though it did not fall within the definition of Shamilat land as defined in section 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961. The co-sharers were in possession of the majority of the said land and in the year 1982, they filed a petition under Section 42 of the Act praying that the land in dispute was their ownership and the same be partitioned amongst them as per their entitlement. The petition was contested by the Gram Panchayat. Vide order dated 21.10.1986, the petition was accepted by respondent No.1 and it was ordered that the land be partitioned amongst the right holders and the case was remanded to the Consolidation officer. Against the said order, the Gram Panchayat filed CWP No.3658 of 1987 which was disposed of on 5.11.1990 holding that the proprietors were the owners of the land in dispute and the Gram Panchayat had no right whatsoever regarding the said land. The Gram Panchayat filed LPA against the said order which was dismissed on 13.3.1991. Even SLP filed in the Apex Court against the order dated 13.3.1991 was also dismissed on 15.4.1994. According to the petitioners, some right holders had also purchased certain land in their individual names. Review applications were filed in some of the writ petitions which were disposed of by common judgment dated 28.5.1991 holding that the purchaser was entitled to get share in the shamilat deh land. Thereafter, the matter was sent back to the Consolidation officer who took up the proceedings and distributed the land amongst the right holders vide order dated 9.2.1993. No objection was raised at that time by any right holder. Subsequently some other right holders filed objections. The Consolidation Officer without hearing the petitioners withdrew some area from them vide order dated 27.12.1994, Anenxure P.2. The petitioners filed appeal under section 21(3) of the Act against the said order. During the pendency of the said litigation, some right holders filed petitions under section 42 of the Act before respondent No.1. Vide order dated 28.7.1995, Anenxure P.6, the said petitions were disposed of by respondent No.1 directing certain changes in the orders of the Consolidation Officer. Aggrieved thereby, the petitioners filed the instant writ petitions.

(3.) No one has appeared on behalf of the petitioners. Learned counsel for the respondents are agreed that the present petitions are covered by the decision of this Court dated 15.7.2013 passed in CWP No.18502 of 1995 (Mukhtiar Singh v. Additional Director Consolidation of Holdings, Punjab and others), wherein after following the judgment of the Hon'ble Apex Court in M/s Kranti Associates Pvt. Limited v. Shri Masood Ahmed Khan, 2010 9 SCC 496, it was held that it was incumbent upon respondent No.1 to have determined the share of each right holder by passing a speaking order and consequently the impugned order passed by respondent No.1 was set aside.