SMT. KAMLA DEVI ALIAS KRISHNA DEVI Vs. ASSISTANT DIRECTOR, CONSOLIDATION OF HOLDINGS PUNJAB, JALANDHAR AND OTHERS

JUDGEMENT

(1.) This writ petition is filed to quash the warrant of possession dated 5.11.1976 (Annexure P-2) directing to give possession of the land to Tirath Singh etc.

(2.) According to the petitioners they are the tenants of the land of an extent of 40 kanals and 11 marlas comprising of Khasra Nos. 2, 3, 7, 8 and 9 Rectangle No. 55 alongwith some other lands on payment of Rs. 8/- per annum as Chakota and the land was Banjar Kadim and according to the petitioners, they are in possession of the land since 1963. They further stated that the consolidation proceedings took place in the year 1961 and respondent Nos. 4 and 5 got ex parte order against respondent Nos. 6 to 11 on 7.5.1962. Respondent Nos. 6 to 11 challenged the said order in the High Court and the writ petition was allowed and the matter was remanded but after remand the appeal was dismissed by the Assistant Director on January 30, 1973 (Annexure P-1). However, some changes were made in that order as there was some arrangement between respondent Nos. 4 and 5 one hand and respondent Nos. 6 to 11 on the other. The said arrangement was not binding on the petitioners and the petitioners cannot be dispossessed from their land. Therefore, the warrant of possession issued on 5.11.1976 by the Court of Assistant Collector 1st Grade is liable to be quashed.

(3.) The petitioners are claiming to be tenants of Khasra Nos. 2/18, 22, 23, 13/1/1, 1/2/2 and 22/1 in Rectangle Nos. 55 in village Ghalari. Admittedly, the land belonged to respondent Nos 6 to 11. They are clamining as tenants under respondent Nos. 6 to 11. There was a dispute between respondent Nos. 4 and 5 on the on the one hand and respondent Nos. 6 to 11 on the other hand in regard to the ownership of the land. The said dispute was resolved by the Assistant Collector, Consolidation of Holdings, Punjab, Jalandhar by his order dated 30.1.1973 (Annexure P-1). According to the said order respondent No. 4 Tirath Singh was allotted the land of the extent of 15 Kanals 15 Marla in Killas Nos. 55/2, 3, 7, 8 and 9 and 31/26 excluding the area in 2, 18, 22, 23, 13/1/1, 1/2/2, 2/1. In order to implement the order warrant for delivery of possession was issued. The respondent Nos. 4 and 5 in their written statement categorically denied that the petitioners were the tenants. According to them the respondent Nos. 6 to 11 never leased the land to the petitioners and they never cultivated the land and the petitioners are neither the owners nor the tenants of the land and therefore, they have no locus standi to file this petition and that they are not the interested parties. Further, in the year 1976, respondent Nos. 4 and 5 filed an application under Section 23(2) of the Consolidation Act before the Consolidation Officer, Sangrur to give possession to them. As the petitioners illegally occupied the same and they were in wrongful possession of the land, vide Annexure R-1 the Consolidation Officer, Sangrur by an order dated 5.11.1976 directed the delivery of possession of the property as the petitioners namely Kamala Wati and others did not file any reply and that Kamla Wati wife of Raghubir Chand (petitioner No. 1) refused to receive the notice.