IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No. 1812 of 2011 ( O&M ) DATE OF DECISION : 27.09.2011 Ashwani Kumar .... APPELLANT Versus Director, Land Records, Punjab, Jalandhar and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Harsh Bunger, Advocate, for the appellant. Mr. R.S. Chauhan, Advocate, for the caveators/respondents No.5 to 8. * * * SATISH KUMAR MITTAL , J. This Letters Patent Appeal has been filed against the judgment dated 14.9.2010, passed by the learned Single Judge, whereby the writ petition (CWP No. 8027 of 2005) filed by the appellant and his mother Suraksha Devi (respondent No.14 herein) for setting aside the orders dated 8.10.1999, 28.2.2000, 31.5.2001 and 8.2.2005, passed by the Consolidation Officer, Hoshiarpur; the Settlement Officer, Consolidation of Holdings, Punjab, Jalandhar; the Assistant Director, Consolidation, Punjab, Jalandhar; and the Director, Land Records, Punjab, Jalandhary, respectively, has been dismissed, while observing as under : LPA No. 1812 of 2011 -2- “I have heard counsel for the parties, perused the impugned orders and find no reason to hold in favour of the petitioners. The petitioners grievance has been thoroughly examined by the Consolidation Officer, the Settlement Officer, the Assistant Director and the Director Land Records and negatived. The Consolidation Officer has recorded a clear finding that the petitioners were wrongly recorded as `Gair Marusi' in Khasra No. 654, as Balak Ram alone should have been shown as `Gair Marusi'. The jamabandi for the year 1973- 74 clearly records Balak Ram as `Gair Marusi' in Khasra no. 790/511 measuring 0-15 marlas. This entry has been recorded in the Khatauni Paimaish and the Naksha Haqdarwar, but on account of an error Prem Chand was shown to be a co-sharer in Khasra No. 654 (0-12 marlas). In view of the findings of fact recorded by consolidation authorities and the absence of any error of jurisdiction or of law, the writ petition is dismissed with no order as to costs.” Learned counsel for the appellant has again disputed the findings recorded by the authorities below to the effect that instead of 15 marlas of land, Balak Ram was in possession of 3 marlas of land as `Gair Marusi'. However, it has not been disputed by him that in the jamabandi for the year 1973-74, Balak Ram was recorded as `Gair Marusi' in khasra No. 790/511 measuring 0-15 marlas. It is not disputed that during the consolidation proceedings, on the basis of the previous jamabandi, entry to the effect that Balak Ram was in possession of khasra No. 790/511 measuring 0-15 marlas as `Gair Marusi' was entered in the record of consolidation, but subsequently by mistake, in khasra No. 654 measuring 12 LPA No. 1812 of 2011 -3- marlas, Prem Chand was shown as co-sharer. It is admitted position that old khasra No. 790/511/2 was transformed into new Khasra Nos. 652, 653 and 654. After taking into consideration the revenue record, the consolidation authorities granted 15 maralas of land to Balak Ram. In our opinion, the learned Single Judge has rightly dismissed the writ petition, while coming to the conclusion that the consolidation authorities have recorded a pure finding of fact. No merits. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE September 27, 2011 ( ARVIND KUMAR ) ndj JUDGE