MOHAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has filed this writ petition for the grant of following reliefs: (i) "Quashing the order of the learned Additional Director of Consolidation dated 1.4.1992 (Annexure PH). (ii) Directing the Additional Director of Consolidation to consider the report of the Consolidation Officer and to make necessary changes in accordance with the report of the Consolidation Officer. (iii) Directing the Additional Director of Consolidation to allot 1 -6 Kanals of land within the Phirni for the extension of abadi in accordance with the Scheme. (iv) Directing the learned Additional Director of Consolidation to grant the land to the petitioner within the Lai Lakir as suggested by the Consolidation Officer. (v) Any other writ, order or direction as this Honble Court in view of the circumstances of the case may deem fit may also kindly be issued; (vi) Cost of the petition may also kindly be awarded in favour of the petitioner and against the respondents."

(2.) Case as set up in the writ petition is that petitioner is the heir of late Puran Singh son of Shri Pal Singh, resident of Village Majara, Tehsil and District Una, H.P. According to him, all the villages after the enforcement of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, (hereinafter referred to as the Act), consolidation process was started. This was aimed on enabling the land owners of the villages to effectively cultivate their holdings. With a view to achieve this object, village Majara was also covered under this Act and notification was issued in that behalf (in the writ petition in paragraph 2 it is stated that the scheme of consolidation was prepared for village Mehatpur. Record of the case shows that this writ petition pertains to village Majara and not Mehatpur.)

(3.) Process of consolidation started in village Majara in the year 1962. Scheme was prepared in consultation with the Advisory Committee under the Act. Amongst other things, manner in which land was to be allotted to various share -holders as well as area reserved by the land owners was also provided in the Scheme. It was, thereafter, that the repartition proceedings were to be undertaken as per the Scheme.