PURAN CHAND Vs. ADDITIONAL DIRECTOR CONSOLIDATION OF HOLDINGS

JUDGEMENT

(1.) This writ petition at the instance of Puran Chand, Lashkar Ram and Sansar Chand sons of Buja Ram of village Chuharpur, Tehsil Nawanshahr, District Jullundur is directed primarily against the order dated 22nd October, 1975, pased by the Additional Director, Consolidation of Holdings, Punjab, Jullundur, respondent No. 1, whereby the land on which Harijan Dharamsala was constructed in Killa No. 26/10 was ordered to be reserved for the said purpose alongwith Dharamsala if the said Dharamsala was found to be built prior to the start of the consolidation operations, and if the same was built after the repartition had been completed, then no action was needed to be taken, as a result of petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act) filed by Sarpanch Rattan Singh of the village. The order has been assailed primarily on two grounds :-

(2.) Before adverting to the contentions pertaining to the aforesaid grounds, the subsequent orders that came to be passed in the wake of the impugned order may be noticed.

(3.) The Consolidation Officer on receiving the case remanded by the impugned order dated 22nd October, 1975, Ex. P-1 decided the matter vide order dated 19th August, 1976. Before the Consolidation Officer, Sansar Chand was present besides Gurbux Singh from whom the petitioner had purchased the land in dispute. This order dated 19th August, 1976, passed by the Consolidation Officer was challenged under Section 42 of the Act by Gurbux Singh only. The Additional Director vide his order dated 14th September, 1976, Ex. P-2 set aside the order of the Consolidation Officer dated 19th August, 1976, and remanded the matter back to the Consolidation Officer. On remand the Consolidation Officer passed the order dated 28th December, 1976. This order of the Consolidation Officer dated 28th December, 1976, was also challenged under Section 42 of the Act by Sansar Chand and Gurbux Singh and the Additional Director dismissed the petition vide his order dated 26th August, 1977, and affirmed the order of the Consolidation Officer dated 28th December, 1971.