GRAM PANCHAYAT Vs. ADDITIONAL DIRECTOR CONSOLIDATION OF HOLDINGS

JUDGEMENT

(1.) THIS judgment will dispose of CWPs No. 804 and 8609 of 1996. Facts are taken out of CWp No. 804 of 1996 titled Gram Panchayat, Billpur, Tehsil and District Kapurthala v. Additional Director, Consolidation of Holdings, Punjab, Jalandhar.

(2.) VIDE order Annexure P4, Additional Director Consolidation of Holdings, Punjab, Jalandhar-respondent No. 1 ordered that Baldev Singh-respondent No. 2 shall remain tenant on the Khasra numbers mentioned in the record under the share of the Central Government and qua Baldev Singh, he remanded the case to Consolidation Officer with the direction that he should thoroughly scrutinize the record and determine the share of local malkans and that of Central Government and correct the revenue record accordingly. Gram Panchayat of village Billpur has prayed for the quashing of this order and has sought the issuance of proper writ, order or direction as deemed proper.

(3.) RESPONDENT No. 2-Baldev Singh opposed this writ petition urging that the case has been remanded to the Consolidation Officer with the direction only that he should scrutinize the record and determine the share of the local malkans and that of the Central Government and may correct the revenue record accordingly after hearing everyone interested and this writ petition is premature. Land prior to the consolidation was entered as Shamlat Deh Hasab Rasad Khewat meaning thereby that the entire proprietary body was owner thereof per their shares in the entire village. When the consolidation took place, land was in possession of the right holders. In Jamabandi, Bhagat Singh father of Baldev Singh was shown as the allottee sakan deh cultivating the land. Gram Panchayat did not become owner by the mere fact that it was leasing out. Collector could not decide the petition Under section 11 of the Act, 1961 regarding unauthorised possession. Civil suit was dismissed on the ground of jurisdiction.