GULU RAM Vs. CHIEF SECRETARY HARYANA GOVT

JUDGEMENT

(1.) GULU Ram and others have filed the present writ petition against the respondents under Articles 226/227 of the Constitution of India for the issuance of an appropriate writ/direction and they have prayed for the quashment of the orders dated 11. 8. 1980 Annexure P. 6 passed by respondent No. 3, Additional Director, Consolidation of Holdings, Haryana Chandigarh and the petitioners have made a further prayer that till the disposal of the writ petition, they should not be disturbed from the possession of the land in dispute.

(2.) THE case set up by the petitioner in the writ petition is that they and respondents Nos. 4 to 13 are the rightful holders in the revenue estate of village Rori, Tehsil and District Sirsa. a notification Under Section 14 (1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter called the Act) was issued by the State Govt. In pursuance of the said notification the consolidation scheme was prepared of the village and it was published on 29. 3. 1970 and was confirmed on 7. 10. 1970. The repartition proceedings as required Under Section 21 (1) of the Act was carried on 30. 4. 1971. It has been further averred that Smt. Raj Kaur, respondent No. 13 was a co-sharer in khewat No. 225 and she sold her share measuring 88 kanals 19 marlas on 15. 6. 70 to Jagraj Singh and others. At the time of sale Smt. Raj Kaur was not owner in khewat No. 502 and she became the owner of this khewat on subsequent stage of 15. 6. 70 when the land measuring 88 kanals 19 marlas was sold by Smt Raj Kaur to Jagraj Singh and others. Khewat No. 225 was not partitioned during consolidation operations. The petitioners purchased 43 kanals 2 marlas of land from Smt. Raj Kaur out of her share in khewat No. 502 vide sale deed dated 12. 1. 1971 for a valuable consideration and in lieu of the land purchased by the petitioners out of khewat No. 502 and also on the basis of a decree passed by the Civil Court, they were allotted land measuring 43 kanals 2 marlas comprised in Kila No. 163/1, 164/5, 6, 7/2, 8/1 and 14 and the petitioners entered into the possession of allotted khasra numbers. Thereafter, Jagraj Singh and others filed objections Under Section 21 (2) of the Act for the allotment of full share purchased by them out of khewat No. 225 and their objections were dismissed on 26. 2,1975 by the Consolidation Officer. The appeal filed by Jagraj Singh was also dismissed by Settlement Officer on 16. 4. 1976. Later on Jagraj Singh, respondent No. 4 filed application Under Section 42 of the Act before the Additional Director, Consolidation of Holdings Haryana who allowed the application of Jagraj Singh and vide order dated 14. 12. 77 remanded the case to the Consolidation Officer vide orders Annexure P. 1. After the remand, the case was contested by the Consolidation Officer on 26. 6. 78 vide orders Annexure P. 2. Vide orders dated 26. 6. 78 the land measuring 5 standard kanals and 8 standard marlas 9 i. e. 43 kanals 2 marlas which was allotted to the petitioners and denoted by khasra numbers referred to above was withdrawn from the petitioners and according to the petitioners no area in lieu of any land allotted to them was given. Orders dated 26. 6. 78. Annexure P. 2 was challenged before respondent No. 3 who dismissed the objections of the present petitioners vide orders dated 11. 8. 80 Annexure P.

(3.) THERE are two sets of written statement on behalf of the respondents. Respondent No. 3 has filed the written statement and denied the allegations. This written statement has been necessitated because of certain allegations which have been levelled by the petitioner against this respondent.