RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Rajinder Singh, his brother Gobinder Singh and Didar Singh on the one hand, and Ujaggar Singh on the other, were rightholders in village Bhucho Kalan, District Bhatinda. Consolidation proceedings took place in the said village and for that purpose a Scheme was drawn up by which the land in that village was classified in four grades, A, B, C and D, according to its valuation. The mode of partition provided that efforts would be made to allot to each rightholder area of his A. B and C grade land at his major portion. The 'D' grade land would, however, be given irrespective of the rule of major portion. It was also mentioned in the Scheme that in case area of any grade at one place was not available, land at more than one block would be allotted. It was further said that if any rightholder was unable to get his area at his first major portion of A, B and C grade because of lesser percentage, then he would be given land at the second major portion of the block concerned. If, however, he was unable to get area at his second major portion also, because of the same reason, then efforts would be made to make the allotment at his third major portion and so on. If he could not be given land at any of his major portions, then it would be permissible to allot him land where he had no right, i.e. in the overflow. It was also provided in the Scheme that in case it was not possible to allot area of any grade at one place, because of non-availability of the area or it might be necessary to form another block in the interest of justice, it would be permissible to do so. In the repartition, Rajinder Singh and Gobinder Singh were allotted six blocks, two in each grade of area, i.e. A. B and C, while Ujaggar Singh was given land in three blocks, i.e. one in each of the said grades. Ujaggar Singh had a joint khewat with his uncles Harnam Singh Sham Singh. That Khewat was partitioned during the Consolidation proceedings and most of the area of Rectangle No. 238 was owned by him and his uncles. The first major portion of B grade area belonging to Ujaggar Singh and his uncle Harnam Singh was filed in Rectangle No. 238, in which were comprised Khasra Nos. 813, 814, 833 and 834, which were owned by them previous to the consolidation operations in the village. Ujaggar Singh and Harnam Singh were allotted land in Rectangle No. 238 at their first major portion of the B grade area, while Sham Singh was given B grade land at some other place. All this was done in accordance with the provisions of the Scheme. Rajinder Singh and others could not be allotted B grade land at any of their major portions, with the result that they had to be fitted in the overflow area in Rectangle No. 174, adjoining their A & C blocks.

(2.) Ujaggar Singh, filed objections under Section 21(2) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, hereinafter called the Act, against the re-partition before the Consolidation Officer. His only grievance with regard to the B grade area was that he had been wrongly allotted 12 Killas of land belonging to one Kartar Singh son of Kunda Singh in Rectangle No. 238 and those killas might be allotted to Kartar Singh and he be given his own area of Khasra Nos. 810, 811 and 813 in the same Rectangle No. 238.

(3.) This objection was dismissed by the Consolidation Officer in June 1970 observing that the said area of two killas in Rectangle No. 238, in which all the area of Ujaggar Singh himself was also included, could not be withdrawn without any reason.