CWP No.3984 of 1985 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.3984 of 1985 (O&M) Date of decision:30.07.2010 Gram Panchayat of village Issi, Tehsil Dhuri, District Sangrur, through Shri Gurmail Singh Sarpanch of village Issi ...... Petitioner VERSUS Additional Director, Consolidation of Holdings, Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.Amarjit Markan, Advocate for the petitioners. Mr.C.S.Brar, DAG, Punjab for respondent no.1. Mr.S.D.Sharma, Senior Advocate with Mr.Anupam Sharma and Ms.Bindu Goel, Advocates for the LRs of respondent no.2. ***** RAJIVE BHALLA.J (Oral) CM No.10065 of 2010 CM is allowed. Annexures R-18 and R-19 are taken on record. CWP No.3984 of 1985 This order shall dispose of CWP Nos.2692 and 3984 of 1985 as common questions of fact and law arise for adjudication. The petitioner challenges the correctness of orders dated 15.03.1983 and 25.04.1985, passed by the Additional Director Consolidation and the Director Consolidation, Punjab. Mukand Singh, respondent no.2 (since deceased) filed an application, before the Additional Director, Consolidation, praying that as a deficiency of Rs.4 annas 15 pai 6 had occurred, in the land allotted to him, CWP No.3984 of 1985 (O&M) -2- during consolidation proceedings, the shortfall should be made good. For reasons best known to Mukand Singh, the petition was filed against “Jumla Mushtarka Malkan”. The Additional Director, Consolidation, ordered ex- parte proceedings against “Jumla Mushtarka Malkan”, on the premise that some of its members have been served and thereafter accepted the petition and ordered deficiency of Rs.2 and 7 annas be made good from “Jumla Mushtarka Malkan”. The Gram Panchayat and the petitioners in CWP No.2692 of 1985, filed separate applications before the Director Consolidation, challenging the validity of this order. The Director Consolidation, dismissed these petitions by holding that “Jumla Mushtarka Malkan” was validly served and even otherwise, he has no power under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act), to review the order passed by the Additional Director, Consolidation. After addressing arguments for some time, counsel for the parties are ad idem that as the Gram Panchayat was not impleaded as a party and “Jumla Mushtarka Malkan” was not served in accordance with law, the orders dated 15.03.1983 and 25.04.1985, passed by the Additional Director Consolidation and the Director Consolidation, should be set aside and the matter should be remitted to the Director Land Records, Punjab, Jalandhar, to decide the matter afresh and in accordance with the provisions of Section 42 of the Act. In view of the statement made by counsel for the parties, the writ petitions are allowed, orders dated 15.03.1983 and 25.04.1985, passed by the Additional Director Consolidation and the Director Consolidation, CWP No.3984 of 1985 (O&M) -3- respectively, are set aside and the matter is remitted to the Director Land Records, Punjab, Jalandhar, to decide the matter afresh and in accordance with law. While deciding the matter afresh, the Director Land Records, Punjab, Jalandhar, shall amongst others take into consideration: - (a) the question of limitation; (b) the question of “kami peshi” in the allotment to Mukand Singh (now represented by his LRs); (c) the question whether “kami peshi” can be made good from Jumla Mushtarka Malkan and (d) whether delay in approaching the Government under Section 42 of the Act, deprives Mukand Singh of his due entitlement of land as calculated by consolidation authorities. Parties are directed to appear before the Director Land Records, Punjab, Jalandhar, on 04.10.2010, who shall decide the matter within six months. 30.07.2010 [RAJIVE BHALLA] shamsher JUDGE