GRAM PANCHAYAT OF VILLAGE BACHHONA, BATHINDA Vs. ADDITIONAL DIRECTOR, CONSOLIDATION OF HOLDINGS, PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has approached this Court under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the order dated 10.08.1990 (Annexure P-2) and order dated 10.07.1991 (Annexure P-5) passed by the Addl. Director, Consolidation of Holdings, Punjab at Jalandhar exercising the powers under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (in short, 'Act').

(2.) The facts necessary for adjudication of the present petition as narrated therein are that the repartition/consolidation proceedings in village Bachhona, Tehsil Mansa, District Bathinda took place about more than 30 years back. The Scheme was prepared and confirmed at that time and 15 days' time was given to the land-owners to raise objections against the repartition proceedings and thereafter, the scheme was finalised. On 15.05.1990, respondent No. 2 filed a petition (Annexure P-1) under Section 42 of the Act, before respondent No. 1 for making good the deficiency of 2 kanal which was caused on account of withdrawal of killa No. 85//22 (8-0) by the patwari which was allotted at the time of consolidation. Respondent No. 1 vide impugned order dated 10.08.1990 (Annexure P-2), accepted the petition filed under Section 42 of the Act by respondent No.2 and the area falling in Killa No. 85//22(8-0) belonging to the Gram Panchayat was withdrawn and given to respondent No. 2 against killa Nos. 747 and 747/1.

(3.) Feeling aggrieved by order dated 10.08.1990 (Annexure P-2), the petitioner as well as respondent No. 3 filed petitions under Section 42 of the Act for setting aside the order (Annexure P-2) on the ground that they were not heard before passing order dated 10.08.1990. Respondent No. 2 vide order dated 10.07.1991 (Annexure P-5) dismissed the petition filed by the petitioner holding that allowing of the said petition would tantamount to review of the order (Annexure P-2). Still dissatisfied by the orders dated 10.08.1990(Annexure P-2) and dated 10.07.1991 (Annexure P-5), the petitioner has approached this Court by way of instant writ petition.