LAWS(P&H)-2008-5-113

GRAM PANCHAYAT, BADRUKHAN Vs. ADDL. DIRECTOR OF CONSOLIDATION

Decided On May 21, 2008
Gram Panchayat, Badrukhan Appellant
V/S
Addl. Director Of Consolidation Respondents

JUDGEMENT

(1.) THE petitioner-Gram Panchayat has filed the present writ petition for quashing of order dated November 18, 1981 (Annexure P-1) and order dated April 24, 1984 (Annexure P-2) passed by Additional Director Consolidation of Holdings, Punjab (respondent No. 1).

(2.) RESPONDENT No. 3 Bant Singh and Respondent No. 4 Waryam Singh filed an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter called 'the Act of 1948') before respondent No. 1, which was allowed vide order dated November 18, 1981. The relevant portion of the order is reproduced as under :

(3.) THE sole argument of Mr. S.S. Salar, learned counsel for the petitioner- Gram Panchayat, is that the Director had no jurisdiction to go into the question whether the land in dispute was Shamlat Deh, Gram Panchayat or proprietors of the village and had wrongly decided by passing orders Annexures P-1 and P-2. In support of his contention, Mr. Salar has relied upon a judgment of the Supreme Court reported as Gram Panchayat, Nurpur v. State of Punjab and others, 1997(3) RCR(Civil) 47 : (1998)8 Supreme Court Cases 672 and argued that the case of the petitioner Gram Panchayat is fully covered by this judgment. The relevant portion of the judgment is reproduced as under :