CWP No.5613 of 1985 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5613 of 1985 DATE OF DECISION: May 13, 2010 MEHAR SINGH AND OTHERS ...PETITIONERS VERSUS DIRECTOR CONSOLIDATION OF HOLDINGS ...RESPONDENT PUNJAB, CHANDIGARH AND OTHERS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: MR. ARUN PALLI, SR. ADVOCATE WITH MR. JAI BHAGWAN, ADVOCATE FOR THE PETITIONERS. MR. PRAVEEN CHANDER GOYAL, ADDL.A.G., PUNJAB. ASHUTOSH MOHUNTA, J.(ORAL) The petitioners have prayed for quashing the order (Annexure P-7) dated 4.9.1985, passed by respondent No.1. Briefly, the facts of the case are that respondent No.3 Nasib Singh filed petition under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation ), Act, 1948 (for short 'the Act') wherein it was stated that he is in possession of 12-5 (std.) land comprised in Khasra No.637 and 1004 for the last more than 30 years and that adjustments made by the Consolidation authorities from his holding by way of kammi-peshi being to his detriment is wholly illegal. It was averred that if any deducations had to be made then the same should not have been made from his holding and the same could have been done from the lands of other land owners. CWP No.5613 of 1985 -2- The Director, Consolidation of Holdings, Punjab has observed that Nasib Singh was in undisturbed possession of khasra No.634 and 1004 measuring 12-5 (std.) and this plea was not controverted by the present petitioners. It has been held that the Consolidation Officer should not have disturbed the possession of respondent No.3 to his detriment. Accordingly, the order passed by the Consolidation Officer dated 11.4.1978, has been set aside and the case has been remanded to the said authority. I have perused the impugned order and find that as the possession of respondents No.3 to 6 was for more than 30 years and this fact has not been controverted by the petitioners, therefore, there is no illegality in the order passed by the Director, Consolidation of Holdings (Annexure P-7) and the matter has rightly been remanded to the Consolidation Officer to examine the entire matter afresh. Consequently, this writ petition is disposed of with a direction to the parties to appear before the Consolidation Officer on 22.6.2010 The petitioners may raise all the points as raised in the present petition before the Consolidation Officer. As the matter is already very old, therefore, respondent No.2 is directed to decide the mater expeditiously, preferably, within a period of six months from the date of receipt of certified copy of this order. May 13, 2010 (ASHUTOSH MOHUNTA) Gulati JUDGE