MAHANT SOM DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition has been placed before us in pursuance of the order of my learned brother R. S. Narula, J. dated 22-10-1965.

(2.) ACCORDING to the petitioner, the notification issued by the Government under section 14 (1) of the East Punjab Holdings (Consolidation and Prevention of fragmentation) Act, 1948 (hereinafter called the Act) is intended to consolidate holdings in the estate of Kheri Naga along with some other estates. In the estate of Kheri Naga, the whole of the land belongs to Thakurdwara of which Mahant Som dass petitioner is the Mahant. Khasra No. 124, measuring 4 bighas and Khasra No. 171 measuring 6 bighas and 9 biswas alone are shown to be belonging to persons other than the Thakurdwara in the revenue record of the year 1951-52. Khasra no. 171, however, was sometimes back gifted away by the then Mahant to the persons entered in the Jamabandi but they have all died without leaving any descendants. In the result, the land has reverted back to the Thakurdwara. In so far as Khasra No. 124 if concerned, this too was similarly gifted away to some brahmans by the then Mahant which ii now entered in the name of Mst. Biro and mst. Thakari in the revenue records for the year 1951-52. This entry, however, is also incorrect because both the widows died long time ago without leaving any descendants. This land has, therefore, also reverted back to the Thakurdwara. On this basis, it is contended that there is no occasion for consolidation and the notification issued under Section 14 (1) of the Act is contrary to law and without jurisdiction.

(3.) ON behalf of the respondents, Shri M. R. Sharma, has not controverted the facts relied upon on behalf of the petitioner. He has, however, referred us to paragraph 5 of the return in which it is averred mat: