HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Harbhajan Singh has filed this petition under Articles 226 and 227 of the Constitution of India for the issuance of an appropriate writ, order or direction, quashing the orders of the Consolidation Officer, Settlement Officer, Assistant Director and the Additional Director, dated the 8th July, 1960, the 30th November, 1962, the 17th September, 1963 and the 29th May, 1965 (Copies Annexures 'B', 'C', 'D' and 'F') respectively.

(2.) The petitioner belongs to village Mundh, Tehsil Nakodar, District Jullundur, where consolidation proceedings were started vide Punjab Government Notification No. 57-G/14849-A dated the 2nd December, 1958, issued under Section 14(1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act). The consolidation scheme of this village was published under Section 19(1) of the Act by the Consolidation Officer on the 27th October, 1959, and was confirmed under Section 20(3) of the Act by the Settlement Officer, Consolidation, on the 21st December, 1959. The repartition under Section 21(1) of the Act was published on the 23rd March, 1960, by the Consolidation Officer.

(3.) It is stated in the petition that feeling aggrieved from the repartition, the petitioner filed objections in the name and on behalf of Smt. Ram Kaur, under Section 21(2) of the Act. The Consolidation Officer partially allowed the objections by his order dated the 8th July, 1960 (copy Annexure 'B' to the petition). Still dissatisfied, the petitioner filed an appeal under Section 21(3) of the Act but the same was dismissed by the Settlement Officer, respondent No. 3, by his order dated the 30th November, 1962 (copy Annexure 'C' to the petition). A second appeal under Section 21(4) of the Act was partly allowed by the Assistant Director vide his order dated the 17th September, 1963 (copy Annexure 'D' to the petition). As the petitioner was still aggrieved from the impugned orders, a petition under Section 42 of the Act was filed which was disposed of by the Additional Director, respondent No. 1, by his order dated the 29th May, 1965 (copy Annexure 'F' to the petition). By way of this petition, the petitioner has challenged the legality and correctness of the aforesaid orders on the grounds stated in the petition.