The power of the State Government to make reservation of land for common purposes under S. 42 is coterminus with the power of the Consolidation Officer under S. 18 (c) and it follows, therefore, that the order of the Director, dated March 8, 1957 is illegal and ultra vires and must be quashed by grant of a writ in the nature of certiorari under Art. 226 of the Constitution.

Judgement

RAMASWAMI, J. : This appeal is brought, by certificate, from the judgment of the Punjab High Court dated November 8, l96O in Letters Patent Appeal No. 284 of 1956.

2. For the consolidation of land holdings in village Kheowara, a scheme was prepared by the Consolidation Officer under S. 14 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948 (Act L of 1948) hereinafter called the Act and the scheme was confirmed by the Settlement Officer acting under S. 20 of the Act. The scheme, among other things, provided that the owners of permanent ghers or enclosures will be permitted to retain them in their possession. One of the proprietors, Johrimal had made a gher in khasra No. 3942 and, under the scheme, this was to remain with him. Para 7 of the Scheme which was finalised under S. 20 of the Act provided as follows :

"The existing houses and permanent enclosures shall be kept in the ownership and possession of those proprietors who were owners in possession prior to the consolidation and in addition if these persons so desire they shall he entitled to be given additional area upto one bigha for extension of the abadi. In the case of such persons of right-holders who have constructed houses or enclosures etc., within the Shamlat area they would keep them, in their possession but adjustment would be made out of their Khewat land......."

Later on the Director of Consolidation, to whom the powers of the State Government under S. 42 of the Act had been delegated reconsidered this matter and ordered that this particular piece of land i.e., khasra No.3942 should be reserved for the extension of abadi for non-proprietors. The Director of Consolidation accordingly ordered that instead of being reserved for Johrimal, the plot should be kept for the non-proprietors and the Consolidation records should be changed to that extent. The order of the Director of Consolidation was dated March 8 1957. Aggrieved with this order, Johrimal applied to the High Court for grant of a writ under Art.226 of the Constitution. The petition was heard by Grover. J. who allowed the petition holding that the Director of Consolidation had no authority to make any order contrary to the scheme without amending the scheme itself, and all amendment of the scheme could be made only under S.36 of the Act and not under S. 42 of the Act. It was accordingly held that the order of the Director of Consolidation was ultra vires and must be quashed by grant of a writ the nature of certiorari. Against this order the Director of Consolidiation of Holdings appealed under Cl. 10 of the Letters Patent. The appeal was heard by a Full Bench which by its judgement dated November 8, 1960, allowed the appeal and reversed the order of the learned Single Judge and ordered that the writ petition should be dismissed. The view taken by the majority of the Judges of the Full Bench was that the impugned order amounted to an alteration of the Consolidation scheme and the State Government had power under S. 42 of the Act as amended by the East Punjab Holdings (Consolidation and Prevention of Fragmentation) (Second Amendment and Validation) Act (Punjab Act 27 of 1960), to make any change in the Consolidation scheme subject to the requirements of that section. The present appeal is brought by Johrimal against the judgment of the Full Bench of the Punjab High Court.

3. The Act was passed to provide for the compulsory consolidation of agricultural holdings and for preventing the fragmentation of agricultural holdings in the State of Punjab. Chapter III. of the Act deals with consolidation of holdings and it is provided by S. 14 that the Government may either suo motu, or on application made, declare its intention by notification to make a scheme for consolidation of holdings in an estate or estates or part thereof as may be specified. The Consolidation Officer is required to obtain the advice of the land owners and of the non-proprietors and of the Gram Panchayat a