GRAM PANCHAYAT Vs. DIRECTOR CONSOLIDATION OF HOLDINGS

JUDGEMENT

(1.) GRAM Panchayat of Village Ranjit Garh has filed the present petition Under Articles 226/227 of the Constitution of India, for quashing the order of the Director, Consolidation of Holdings, Punjab dated 5. 8. 1996, copy Annexure P-1 to the writ petition, vide which the petition filed Under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 was accepted and the case was remanded to the Consolidation Officer, Nabha for partition and redistribution of land comprised in Khewat No. 42 Khatauni No. 90 to 91 of Jamabandi 1991-92, amongst the right holders of village according to their shares after deducting the land meant for common purposes and it was ordered that no tenant, lessee or person in occupation of land will be evicted therefrom except in due course of law.

(2.) THE case of the petitioner-Gram Panchayat as set up in the writ petition is that from the very beginning the land is Under the possession and control or Gram Panchayat. In the Jamabandi for the year 1950-51, the land has been shown as 'shamlat Deh' Masab Rakha Khewat and was controlled and managed by the Gram Panchayat. In the year 1953 at the time of Consolidation, when the entire land of the village was consolidated, the proprietors of the village land never demanded the patition of land amongst them and with their consent the land remained as 'shamlat Deh'. The said land was being used for the common purposes of the village and most of the land was being given on yearly rent basis by the Gram Panchayat and in-come therefrom were used for the welfare and development of the village community. The land was 'shamlat Deh' as shown in the Jamabandi for the year 1993-94 and belongs to the Gram Panchayat but the proprietors of the village filed a petition Under Section 42 of the Consolidation Act for distribution of the same. The Gram Panchayat had proved that the land belongs to it but the Director Consolidation vide order dated 5. 8. 1996 ordered the partition of land in favour of proprietors of the Village.

(3.) ON notice of motion having been issued, written statement on behalf of private respondents filed.