GURJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The short question that arises for consideration is whether the Assistant Director, Consolidation and/or any other Authority under the East Punjab Land Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short 'the 1948 Act') is competent to review its own order. If the first question is answered in affirmative, the ancillary question for determination would be whether such a power is exercisable after 27 years.

(2.) The facts are not in dispute. The consolidation in the village of petitioner and respondent No.2 took place in the year 1965- 66. At the time of consolidation, a part of the petitioner's land was included in the jumla mustarkan malkaan and in lieu thereof jumla mustarkan malkaan land was included in the petitioner's holding. The said exchange or transfer of lands got the seal of approval vide order dated 21.10.1966 passed by the Assistant Director Consolidation.

(3.) The parties were put into possession and continued to cultivate their respective land holdings accordingly.