LAWS(HPH)-2010-3-19

PREM CHAND Vs. DIRECTOR CONSOLIDATION

Decided On March 08, 2010
PREM CHAND Appellant
V/S
DIRECTOR CONSOLIDATION Respondents

JUDGEMENT

(1.) The petitioner challenges the settlement proceedings which have been upheld by the Director of Consolidation. The facts need not be considered in detail.

(2.) Learned counsel for the petitioner urges that the points urged before the Settlement Officer as also the Director of Consolidation have not been adjudicated and in particular he refers to the orders passed by the Settlement Officer (Annexure P-4) which says that though the objection raised by the petitioner herein with respect to Khasra No.704 on assignment of the value to the land is justified but no correction could be made at that stage. He submits that even the Director of Consolidation does not deal with this objection of the petitioner. While adjudicating the dispute under Section 54 of the H.P. Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, the Director found that according to the demand of the petitioner he was entitled to 14 Kanals 19 Marlas of land, whereas he has been allotted 14 Kanals 17 Marlas. In his order the Director holds that on appraisal of record he does not find the purported error to be of the nature which requires intervention. Even otherwise, in equity he found that mere difference of two Marlas of land cannot be used to annul the proceedings. I find that this is a case in which this Court cannot exercise its powers under Article 226 of the Constitution of India and grant any relief to the petitioner as substantial justice has been done to him.

(3.) This writ petition is dismissed. There shall be no order as to costs. All interim orders are vacated. All miscellaneous applications are disposed of.