CWP No.5634 of 1985 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5634 of 1985 DATE OF DECISION: May 11, 2010 HARCHAND SINGH AND OTHERS ...PETITIONERS VERSUS DIRECTOR C/H PB.CHANDIGARH AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: MR. ARUN PALLI, SR.ADVOCATE WITH MR. JAI BHAGWAN, ADVOCATE FOR THE PETITIONERS. NONE FOR THE RESPONDENTS. ASHUTOSH MOHUNTA, J.(ORAL) The petitioners have impugned the order (Annexure P-8) dated 4.9.1985, passed by the Director, Consolidation of Holdings, Punjab (exercising the powers under Section 42 of the Consolidation of Holdings Act) whereby, the petition filed by the Gram Panchayat of village Burj Ladha Singhwala was remanded to the Consolidation Officer with a direction that he should look into the record for ascertaining the extent of kammi-peshi against the Gram Panchayat and made necessary adjustments, after hearing all the parties concerned. The Gram Panchayat of village Burj Ladha Singhwala filed a petition under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation ), Act, 1948 (for short 'the Act') wherein it was averred that the Gram Panchayat was the owner in possession of khasra CWP No.5634 of 1985 -2- No.48 measuring 13K-2M for the last 30 years. It was further averred that they had made substantial improvements on the land in dispute and that if any adjustments by way of kammi-peshi were to be made, then the same should have been made from some other land and that the present valuable area should not have been withdrawn from them. The fact that the Gram Panchayat had made substantial improvements on the aforementioned land was not disputed by the respondents before the Consolidation Officer. The Consolidation Officer also returned a categorical finding of fact that the plea of the Gram Panchayat was reasonable and therefore, the proposal of the Assistant Consolidation Officer dated 27.10.1970, recorded vide Resolution No.26 dated 23.10.1970, was set aside and the case was remanded back to the Consolidation Officer. Counsel for the petitioners submits that it were the petitioners who were in possession of the land in dispute and that this fact has been over-looked by the Director, Consolidation of Holdings, Punjab. Be that as it may. As the matter has already been remanded back to the Consolidation Officer to ascertain the extent of kammi-peshi to be done against the land belonging to the Gram Panchayat and make necessary adjustments after hearing all the parties concerned, therefore, the Consolidation Officer would be competent to go into the entire matter afresh. In view of the above, as the matter is to be re-examined by the Consolidation Officer, therefore, this writ petition is disposed of with a direction to the parties to appear before the Consolidation Officer on 22.6.2010. It will be open for both, the petitioners as well as the Gram CWP No.5634 of 1985 -3- Panchayat, to raise all the pleas which may be necessary for the just decision of the case. As the matter is already very old, therefore, the Consolidation Officer, Bhatinda is directed to decide the matter expeditiously within six months from the date of receipt of certified copy of this order. May 11, 2010 (ASHUTOSH MOHUNTA) Gulati JUDGE