TARLOCHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of C.W.P. Nos. 4679 of 1983 and 5243 of 1982 as through both these petitions an order dated 19.2.1982 (Annexure P.2 in C.W.P. No. 4679 of 1983) passed by the Director, Consolidation of Holdings, Punjab, Chandigarh, has been challenged.

(2.) In C.W.P. No. 4679 of 1983, the order dated 31.12.1982 (Annexure P.4) passed by the Additional Director, Consolidation of Holdings, Punjab, Jalandhar, has also been challenged, but this order is consequential to the order dated 19.2.1982 and shall fall through if the order dated 19.2.1982 is quashed.

(3.) The facts in brief are that consolidation of holdings proceedings in village Bhungerni, tehsil and district Hoshiarpur, were taken out in the year 1954. A notification under section 14 (1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter called the Act), was issued on 15.6.1954. The scheme was drafted and published in the village on 8.11.1955 and confirmed on 20.2.1956. Proceedings under section 21 (1) of the Act were finalised on 30.3.1956. The possession in pursuance of the scheme finalised could, however, be not transferred to the respective landowner because civil writ petitions were filed by some aggrieved landowners in this Court and resultantly the scheme was quashed. On an appeal filed by the State Government, the judgment of this Court was quashed by the Supreme Court on 1.5.1968 and the scheme was upheld.