RUKMA DEVI Vs. ADDITIONAL DIRECTOR

JUDGEMENT

(1.) Smt. Rukma Devi filed this petition under Articles 226 and 227 of the Constitution of India, challenging the correctness and legality of the orders of the Additional Director, Consolidation of Holdings, Punjab, dated 27th July, 1966 and 21st June, 1967.

(2.) Briefly the facts are that village Bazidpur Bhuma, Tehsil Fazilka, District Ferozepur, of the petitioner, was notified under Section 14(1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act. 1948 (hereinafter referred to as the Act), on 14th April, 1961. The scheme of consolidation was drawn up by the Consolidation Officer on 8th February, 1964 and was sanctioned by the Settlement Officer on 13th March, 1964. The repartition was carried out in the village on 21st July, 1964. Feeling aggrieved from the repartition, respondents 5 to 7 filed objections on 31st July, 1964, which was dismissed by the Consolidation Officer on 26th September, 1965. Thereafter no further proceedings as prescribed under Section 21 of the Act was resorted to by respondents 5 to 7.

(3.) It is further stated that on 4th February, 1965, the petitioner and respondents 5 to 7 along with other residents of village Narainpur, made an application to the Deputy Commissioner, Ferozepur, for changing a path which leads from village Bazidpur Bhuma to village Narainpur, on the ground that it was not a proper path and was on the border of Rajasthan. The application was forwarded by the Deputy Commissioner to the Senior Superintendent of Police, Ferozepur, who in turn sent it to the Deputy Superintendent of Police, which was then sent by the latter to the Director of Consolidation of Holdings, Punjab, saying that, "it is nothing to do with the Police. May be sent to the Director of Consolidation of Holdings, Punjab, Jullundur, for necessary action." After the receipt of the application by the Director, the same was sent to the Additional Director for disposal.