IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.4880 of 1990 (O&M) Date of decision:05.04.2011 Badan Singh and others ....Petitioners versus The Additional Director, Consolidation of Holdings, Punjab, Chandigarh and others. ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Pawan Bansal, Advocate, for the petitioners. Ms. Reeta Kohli, Additional Advocate General, Punjab, for respondent No.1. None for respondents 2 to 9. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The writ petition challenges the order passed by the Additional Director, Consolidation of Holdings, Punjab. While disposing of the petition filed under Section 42 of the Act, the writ petitioners had claimed as occupancy tenants, having been in possession of various parcels of land as gair marusi. The petitioners relied on the copy of the khatauni consolidation that sets out the details of several properties in Civil Writ Petition No.4880 of 1990 (O&M) - 2 - khewat nos.104,106, 107, 108 and 109 and the proceedings took on istemal land that had also recorded the fact that the claimants were persons in possession as gair marusi. In the scheme issued, the petitioners had not been allotted the properties of the value of 2 annas and 4 annas as gair marusi from the lands in the hands of private respondents named as Surjit Singh, Hakam Singh and others. The Additional Director, while disposing of the petition, has stated that at the time of repartition, they had been shown as gair marusi and the same has also been shown in khatauni paimaish but chose to ignore the rights of the petitioners. This is precisely the grievance of the petitioners. 2. The learned counsel for the petitioners contends that in terms of Section 16 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act of 1948, the scheme prepared by the Consolidation Officer shall provide for distribution of land held under occupancy tenure and when a claim is confirmed, the lands so allotted to the occupancy tenants shall be held by them with full rights of ownership. When the rights of the petitioners had been secured through the relevant entries in the khatauni consolidation and istemal land proceedings, the petitioners were entitled to be recognized all the rights secured through Section 16 of the Act. The matter is, therefore, remitted to the Additional Director, Consolidation of Holdings, Punjab, Chandigarh, for passing appropriate orders after due service to the erstwhile owners of the land under whom the petitioners claimed as gair marusi. The impugned order is set aside and the matter is remitted to the Additional Director, Consolidation of Holdings, Punjab, Civil Writ Petition No.4880 of 1990 (O&M) - 3 - Chandigarh, for disposal in accordance with law. 3. The writ petition is allowed with the above said directions. 4. For appearance of parties before the Additional Director, Consolidation of Holdings, Punjab, Chandigarh, on 05.05.2011. (K.KANNAN) JUDGE 05.04.2011 sanjeev