SHER SINGH Vs. DIRECTOR AND OTHERS

JUDGEMENT

(1.) The Gram Panchayat of village Balolpur, Tehsil Sirhind, District Patiala (now Fatehgarh Sahib) has challenged the order-Annexure P2 dated 19.7.1985 passed by the Director, Consolidation of Holdings, Punjab, by which Khata No. 45/56 and khatas No. 45/57 to 84 have been ordered to be partitioned and distributed amongst the share-holders i.e. the respondents.

(2.) Mr. Saini, counsel for the petitioner-Gram Panchayat contends that the Director, consolidation of Holdings Punjab, has no jurisdiction to decide the question of title and to further partition the land. It is contended that the question of title and partitioning of the land can only be decided under the Punjab Village Common Lands (Regulation) Act, 1961 by the Collector and not by the authorities under the Punjab Consolidation Act. Learned counsel relied on the judgment in Gram Panchayat, Nurpur v. State of Punjab,1997 1 PunLJ 268in which the Hon'ble Supreme Court has held that the question whether the land is shamlat deh or not as well as the question of partition of the land can only be decided by the authorities under the Punjab Village Common Lands (Regulation) Act, 1961 and not by the Additional Director Consolidation.

(3.) In view of the above, I quash the order Annexure P2 dated 19.7.1985 passed by the Director, Consolidation of Holdings, Punjab, and remand the cast to the Collector, Fatehgarh Sahib, to decide the matter afresh in accordance with law irrespective of the orders passed by the Consolidation Authorities in this case. The parties shall appear before the Collector, Fatehgarh Sahib, on 7.3.2005. The Collector shall decide the case within a period of four months from the date of first appearance of the parties.