FATEH SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant petition, is, directed against the orders borne in Annexure P-9, wherethrough, the Divisional Commissioner Mandi Division, Mandi, H.P., while exercising powers, under, Section 54 of the H.P. Holdings (Consolidation & Prevention of Fragmentation) Act, 1971 (hereinafter referred to as the Act), hence proceeded to set aside the orders recorded, upon, case No. 11/2004, on 15.2.2005, orders whereof stood rendered by the Consolidation Officer, Hamirpur, (a) and, also set aside, the orders recorded, upon, case No. 8/2005, and, as stood, rendered on 4.8.2006, by the Settlement Officer Consolidation, Hamirpur, (b) besides, also proceeded to set aside the orders recorded, on 3.11.2010, upon, case No. 22/18/2010, by the Deputy Commissioner, Mandi, (c) and, thereafter proceeded, to affirm the orders recorded, on 10.10.2001, upon, case No. 6/2001, by the Consolidation Officer, Bilaspur.

(2.) The fulcrum of the entire controversy, rests, whether the consolidation scheme, embodied in Annexure P-1, holding concurrence, with, the salutary purpose, behind the afore enactment. The salutary and holistic purpose, embodied in the Act, for, the officer concerned rather validly affirming or dis-affirming, the consolidation scheme, is, hinged, upon, (a) whether the scheme, ensures qua the smaller fragmented tracts of lands, of ,the landowners concerned, are joined, and, consolidated hence with their major portion or larger chunks of lands. (b) Reiteratedly, the afore holistic, and, salutary purpose, is, for, avoiding, any hardship, being encumbered, upon, the landowners concerned, to, traverse through the lands of the other landowners concerned, for, cultivating their disjoined lands, vis-a-vis, their major portion, as may happen, upon, their smaller chunks of land, standing, located far away, from, their larger pieces of land or larger tracts of lands, and, when hence obviable litigations rather may be sparked, (c) and, thereupon, the smaller chunks of lands, are enjoined to be consolidated, or joined with the larger chunks, of lands, of, the landowners concerned. Consequently, if the afore salutary, and, holistic purpose behind the Act, is not achieved, and, rather stands defeated hence by the drawing, of, the consolidation scheme, (d) thereupon, the statutory order, hence accepting the consolidation scheme, and, consequent therewith alterations, in the requisite jamabandis, and, tatimas, would also come to be frowned, upon, courts of law.

(3.) Upon, the afore anvil, it is to be tested whether the consolidation scheme, borne in Annexure P-1, and, which find references, in the order borne, in Annexure P-9, rather satiating or nullifying, the afore holistic purpose, behind the Act concerned. For facilitating, the afore determination, it is also apt to refer, to the emphatic portion of the order, borne in Annexure P-9, portion whereof stands extracted hereinafter:-