GHISA RAM AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GHISA Ram and other have 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 Scheme of consolidation of holdings of village Ishar Heri, Tehsil Jhajjar, District Rohtak, prepared in pursuance of Notification No. 7253 -A dated 18th June, 1964, issued under Section 14(1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act), (copy Annexure 'B' to the petition).

(2.) THE facts as slated in the petition are that the Petitioners are land owners in village Ishar Heri, Consolidation operations in this village were started under Notification No. 68 -G/9942 dated 21st November, 1950, issued under Section 14(1) of the Act. The scheme of consolidation was prepared and the consolidation proceedings were completed. Later on a fresh notification No. G -7253 -A dated 18th June, 1964, to carry out consolidation operations, was issued saying that "for the purpose of starting Consolidation of Holdings operations in this village, a notification was previously made by the Government and under that notification consolidation had been done in terms of Bighas. Now again for the purpose of doing the work on the basis of Killa Bandi Notification No. G. 7258 -A dated 18th June. 1964 has been issued." (reproduced from Annexure B) It is this notification of the State Government, the legality of which has been challenged by the Petitioners on the grounds stated in the petition.

(3.) After hearing the learned Counsel for the Petitioners, I am of the view that this petition deserves to be allowed. Section 14(1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, Act, 1948 (hereinafter referred to as the Act) on which the notification in question is founded, read as under: -