CIVIL WRIT PETITION NO.1225 OF 2009 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: January 27, 2009 Gram Panchayat, Mavi Kalan, District Patiala .....Petitioner VERSUS Director Land Records, Punjab, Jalandhar and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. S. S. Salar, Advocate, for the petitioner. None for the Caveator. **** RANJIT SINGH, J. Labh Singh, respondent, is alleged to have got a land allotted to him in excess of his entitlement. It is stated that though he was allotted land as per his entitlement but still he moved an application under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 (for short, “the Act”) and obtained an exparte order for taking measurement CIVIL WRIT PETITION NO.1225 OF 2009 :{ 2 }: and to make up the deficiency of his allotment. It is to be noted that deficiency of Labh Singh has been made up from the common pool belonging to proprietors. Certain residents filed a petition under Section 42 of the Act, which was dismissed in the year 1987. However, in a writ petition filed before this Court, the exparte order in favour of Labh Singh was set-aside and the case was remanded back. Consolidation Officer was directed to make a fresh demarcation. The Consolidation Officer again allotted 24 Kanals of land to Labh Singh, which is stated to be after wrong calculation. This time Gram Panchayat filed a petition under Section 42 of the Act, which was dismissed. The Gram Panchayat filed a petition before this Court and the case was again remanded back for deciding the petition filed by Labh Singh afresh. Again the petition has been dismissed and the earlier order is upheld, which is impugned through present writ petition. While allowing the prayer of Labh Singh, respondent No.1 has noticed that Gram Panchayat would not have any concern with the area with which deficiency of Labh Singh has been made up, which was from Jumla Mushtarka Malkan. Accordingly, the impugned order in favour of Labh Singh has been maintained. Concededly, Gram Panchayat is not the owner of the land, which was allotted to Labh Singh to make up his deficiency. Earlier, some residents had filed a petition under Section 42 of the Act, which was dismissed on 11.8.1987. The Gram Panchayat is only authorised to manage this land and as such, would not have any locus to challenge in case any land is given to the share of Labh Singh, finding that there was a deficiency, which was required to be made up. No case for CIVIL WRIT PETITION NO.1225 OF 2009 :{ 3 }: interference in exercise of writ jurisdiction, thus, is made out. The writ petition is accordingly dismissed. January 27,2009 ( RANJIT SINGH ) khurmi JUDGE