MEHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition arises out of consolidation proceedings in village Bhaika Dayalpura, Tehsil Phul, District Bhatinda, which took place in the year 1962-63 under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, (hereinafter called as the Act). The petitioner was allotted certain area of land as a tenant by the Naib Tehsildar Agrarian, Bhatinda. The land in dispute was allotted to the petitioner by Consolidation Officer. The total land is 21 Kanals and 1 Marla. The petitioner is in possession of this land since then, and has been depositing the instalments in the Court of Tehsildar Agrarian, Bhatinda. It is alleged in the petition that he has also constructed a pacca house in the land and a pump. Kartar Singh respondent No. 3 claims to be the mortgagee. Gurdev Singh respondent No. 4 did not raise any objection to this allotment of land to the petitioner.

(2.) It is alleged that after five years of the consolidation, the petition under Section 42 of the Act was filed by Kartar Singh respondent No. 3 and the order adverse to the petitioner was passed by the Additional Director on August 18, 1967, (Copy of which is enclosed as Annexure 'B'). It is against this order that the present petition has arisen.

(3.) No return has been filed on behalf of the respondents inspite of service. It was urged by the counsel for the petitioner that the Additional Director had no authority under the Act to determine this dispute relating to the allotment of surplus land to the petitioner under the Punjab Security of Land Tenures Act, 1953.