KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is directed against order dated 9.8.1982 (Annexure P-6) vide which Additional Director, Consolidation of Holdings, Punjab (respondent No. 2) allowed the petitioners filed by respondent Nos. 3 to 10 under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short, the Act) and restored the position in regard to allotment of land obtaining at the time of re-partition in so far as the private respondents are concerned.

(2.) THE facts of the case lie in a narrow compass. After finalisation of the scheme of consolidation of holdings for village Gadhera, Tehsil Sirhind, District Patiala and notification thereof under Section 20 of the Act, the petitioners filed an application in terms of para 25 of the scheme for joint allotment of land. By an order dated 28.3.1981 recorded on the application itself, Consolidation Officer, Sangrur filed the same. However, the objection petition filed by the petitioners under Section 21 of the Act was allowed by the same officer vide his order dated 30.6.1981 (Annexure P3/A). The relevant extract of that order is reproduced below:-

(3.) FEELING dissatisfied with the orders of the Consolidation Officer and the Settlement Officer, respondent Nos. 3 to 10 filed two petitions under Section 42 of the Act which were allowed by respondent No. 2. This is clearly evident from the operative portion of the impugned order which is reproduced below :-