HARBANS SINGH Vs. ADDITIONAL DIRECTOR, CONSOLIDATION, PB. MOHALI

JUDGEMENT

(1.) The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of order dtd. 24/1/1996 whereby respondent No.1 has passed order with respect to land owned by parties.

(2.) The petitioners and private respondents were having property in joint ownership. The private respondents owned 1/4th share and petitioners herein owned 3/4th share. During partition, standard value of the land measuring 30 Bighas 8 Biswas was fixed Rs.4, 8.00 Anna and 9 Pies. After deducting area for common purposes and adding additional area, the value of partible land was valued Rs.4, 5.00 Anna and 3 Pies. The respondents herein were entitled to 1/4th share and remaining belonged to petitioners herein. As per Resolution No.55 dtd. 18/7/1955 and Resolution No.160 dtd. 10/8/1955 of re-allotment, the value of land was assessed and entitlement of parties was determined. Both the resolutions were duly signed by parties in the presence of members of allotment committee and their fields were separated during consolidation proceedings.

(3.) The respondents herein approached Consolidation Officer claiming that they have not been handed over land as per resolutions passed at the time of consolidation proceedings. The respondent-Additional Director, Consolidation by impugned order passed order of partition under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948.