RAJ KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition relates to quashment of order dated 3.6.1989 Annexure P/5 passed by the Consolidation Officer and order dated 4.11.1993 Annexure P/6 passed by the Director, Consolidation, Haryana, Chandigarh, whereby the application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act) filed by the present writ petitioner against the order of the Consolidation Officer Annexure P/5 was dismissed.

(2.) ACCORDING to the averments in the writ petition consolidation proceedings in village Hasanpur tehsil Palwal district Faridabad, commenced in the year 1979 and in scheme framed for consolidation proceedings, it was provided that every tenant at will shall be given equivalent area in Standard Acre according to his entitlement grade wise under his previous owners. Efforts would also be made to allot him the same area if it was in the ownership of his previous owners during the consolidation. Thereafter repartition proceedings under Section 21(1) of the Act was duly published on 22.8.1980 and on its basis Jamabandi was prepared and read over in the village and after final attestation by respondent No. 2 it was consigned to the Record-room. It was next pleaded that from the entries of Jamabandi for the year 1980-81 (Annexure P-2) land measuring 7 kanals comprised in Rectangle No. 110/3/2 was shown in the ownership of Smt. Kalyani Bai etc. and Chatru, Matru and Dhan Singh sons of Dal Singh were entered as tenants. It was also pleaded that Khasra No. 3442 did not belong to Lekhu Ram or Kalyani Bai as per pre-consolidation Jamabandi for the year 1969-70 Annexure P-3. It was further pleaded that Kalyani Bai ejected Chatru, Matru and Dhan Singh her tenants according to law and took back possession of the said land from the tenants and this fact was also implemented in Jamabandi for the year 1984-85 where Kalyani Bai etc. are shown as full owners from whom the petitioner purchased this land after paying valuable consideration vide registered sale deed. Mutation No. 2924 with respect to the said transaction was duly sanctioned on 1.7.1988 and in Jamabandi for the year 1984-85 Annexure P-4 the land in dispute is shown in the self-cultivation of Smt. Kalyani Bai etc. Meanwhile the petitioner came to know from the Patwari Halqa that the area sold to her vide registered sale deed dated 1.7.1988 and been entered in the tenancy of Kanwar Pal respondent No. 3 under the orders of the Consolidation Officer, Gurgaon respondent No. 2 vide order dated 3.6.1989. It was also pleaded that the said order was passed at the back of the petitioner without impleading her as predecessor-in-interest of Kalyani Bai and others from whom she had purchased the land in suit and that even no notice was sent to her. It was further pleaded that the order of the Director Consolidation dated 4.11.1993 is against the provisions of scheme because Field Nos. 3442 and 3443 which were the previous field numbers of Killa Nos. 110/3/2 and not the field No. 3097 which belonged to Smt. Kalyani Bai etc. It was also pleaded that the aforesaid orders Annexures P-5 and P-6 are against the law and village scheme and the same are liable to be set aside.

(3.) THE learned counsel for the parties were heard.