SATNAM SINGH Vs. DIRECTOR CONSOLIDATION PUNJAB JALANDHAR

JUDGEMENT

(1.) Petition under Article 226/227 of the Constitution of India has been filed by the petitioners seeking issuance of a writ in the nature of Certiorari for quashing of order dtd. 4/5/2022 (Annexure P-3) passed by respondent No. 1-Director Consolidation Punjab, Jalandhar, whereby, petition filed by respondent No.2 under Sec. 42 of The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Act of 1948') has been accepted after delay of more than 63 years from the date of finalization of consolidation proceedings.

(2.) As per the version of the petitioner, he is a resident of District Gurdaspur and presently residing in Canada. Consolidation proceedings had taken place in Village Jewanwal in the year 1955-56 under the provisions of the Act of 1948. The petitioner purchased land measuring 02 kanals comprising of Khewat No.34, Khasra No.2R/20 (lk-6M) 21 (7k-9M) 22/1 (OK-14M) situated in village Jewanwal, Hadbast No.341, Tehsil and District Gurdaspur, vide registered sale deed dtd. 30/11/1999. Being a property-dealer, respondent No.2 wanted to purchase the afore referred property of the petitioner, who is a NRI and mostly remains away from the village. Upon refusal by the petitioner, on 16/12/2019, in order to put pressure on the petitioner, respondent No.2 filed a petition under Sec. 42 of the Act of 1948 with the prayer for correction of Kurukans (dimensions) of Khasra No.2//22/l of village Jewanwal, Hadbast No.341. The said petition was filed only against the petitioner, whereas, other co-sharers of the petitioner were not joined, with the sole motive to harass the petitioner so that he may be coerced into selling off his land to respondent No.2. Respondent No.l passed the impugned order dtd. 4/5/2022 in haste, while totally ignoring the fact that there was an inordinate delay of 63 years in filing of the said petition.

(3.) In pursuance to the notice of motion, respondent No.l-Director Consolidation Punjab, Jalandhar, filed a short reply submitting therein that the impugned order has been passed in a quasi judicial capacity and that no interest of either the Consolidation Department or the State of Punjab was involved. It was further submitted that the dispute is inter seihe petitioner and the private respondent, so prayer was made that the writ petition be dismissed qua respondent No.l.