C.W.P. No.11251 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.11251 of 1992 Date of Decision : 26.04.2011 Hardam Singh and others …Petitioners Versus The Director, Consolidation, Punjab and another …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. Narender Kumar Vashist, Advocate for the petitioners. Mr. P.K. Gupta, Advocate for the respondents. *** AJAY TEWARI, J. (ORAL) This petition has been filed challenging the action of the respondent No.2 who is seeking to auction the land in dispute. The undisputed facts are that as per Jamabandi for the year 1951-52 the land in dispute was described as Shamilat Deh Hasab Rasab Khewat and the name of the cultivator was mentioned as Makbuza Malkan. By an ex-parte mutation (Annexure P-2) dated 10.06.1956 the land in dispute was mutated in the name of the Nagar C.W.P. No.11251 of 1992 -2- Panchayat as per some order of the Deputy Commissioner, Patiala. It is on the basis of this mutation that the respondent No.2 sought to auction the land. Learned counsel for the petitioners has argued that such an ex-parte mutation by itself can never confer any title. More so, when a mutation of such a nature had been entered without giving any notice or opportunity of hearing to the petitioner or the other right-holders. In support thereof, he placed reliance on the judgment of the Court in the matter of Joginder Singh and others v. Director, Consolidation of Holdings, Punjab, Chandigarh and others reported in AIR 1989 Punjab and Haryana 234, wherein a Division Bench of this Court held as follows:- “8……It is admitted by the respondent Gram Panchayat that the area which is liable to be distributed was originally entered as Shamlat deh Hassab Rasad Zer Khewat and, in the cultivation column, it is entered as Maqbooza Malkhan. Evidently, it was not used for common purposes. That being so, the area which was not being used for common purposes, could not be transferred to the name of the Gram Panchayat u/s 2(g) of the Village Common Lands Act and the consolidation authorities had no right or power to change the title of the land. They should have kept this area in the name of Shamlat Deh Hassab Rasad Zar Khewat, C.W.P. No.11251 of 1992 -3- and, in the cultivation column, it should have been entered as Maqbooza Malkan. The consolidation authorities had further no jurisdiction to break the possessions of the individual Ghair-Morrowsis who were in possession of the Shamlat Deh Hassab Rassad Zar Khewat. Mutation No.386 is certainly illegal as it was not sanctioned under any specific authority nor it was done in accordance with the law.” Learned counsel for the respondents has not been able to cite any contrary authority. Consequently, this petition is allowed. The mutation (Annexure P-2) dated 10.06.1956 is set aside and the entries existing prior to the said mutation will continue to hold. ( AJAY TEWARI ) April 26, 2011 JUDGE ashish