MELA SINGH Vs. DIRECTOR CONSOLIDATION OF HOLDINGS

JUDGEMENT

(1.) Mela Singh and four others are Julahas by caste and residents of village Basdehra, Tehsil and District Una. They have approached this Court for redress in the matter of proceedings under the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1974 (for brief; " the Act").

(2.) The dispute centres round Khasra Plot No.573 (Old). The entire Khasra plot, according to the jamabandi for the year 196869, was in use for common purposes as a Tohba. During consolidation proceedings a scheme was framed for the use of land which was being utilized for common purposes. In respect of plot No. 573 it was mentioned that it was land for " general use" and the nature of the land was described as "Gair Mumkin Tohba". The scheme provided that the land will continue to be used for general use by the general public. Later, a modification was brought about in the scheme. The area of plot No, 573(old) which was found to be "Tohba" was left for common use and the remaining portion of the plot was left to be allotted for the purposes of Abadi for persons of Kabirpanthi community.

(3.) The case of the petitioner is that when the allottees attempted to take possession over a portion of plot No.573(old), they learnt for the first time about the so-called change in the scheme. A number of villagers, including some members of the village Panchayat, filed a written objection before the Consolidation Officer on July 12, 1976. The Consolidation Officer, as is clear from the return filed on behalf of the Director of Consolidation, Himachal Pradesh, and the other respondents representing the State of Himachal Pradesh, convened a meeting of the village community on July 14, 1976. Amongst the persons who had signed the objection, all the members of the Panchayat were present in the meeting except one Smt. Maya Devi. By a consensus, everyone present in that meeting expressed assent to the modification made in the scheme by the authorities by providing for utilization of land in plot No. 573 (old), apart from the area actually used as Tohba, for extension of village Abadi.