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1979 Supreme(SC) 367

SUPREME COURT OF INDIA
A.C. GUPTA AND E.S. VENKATARAMIAH, JJ.
Rattan Singh and others, Appellants
Versus
State of Punjab and others, Respondents.
Civil Appeal No. 1583 (N) of 1969, D/- 23-8-1979.

Headnote:

Land-Holders - Validity of Scheme - An appeal from an order of Punjab & Haryana High Court dismissing in limine writ petition filed by appellants before challenging scheme of consolidation of holdings – Held, Scheme prepared by Consolidation Officer was confirmed by Settlement Officer - It was revoked by Additional Director, Consolidation of Holdings, but revocation was set aside by High Court in on a writ petition made by 59 other land holders of village - All these years, appellants did not raise any objection to scheme - It was only that they moved this Court challenging scheme but writ petition which they filed was withdrawn and they filed a writ petition in High Court which was dismissed in limine as stated earlier - That appellants did not question validity of scheme framed has already been stated - They did not also implead in their writ petition in High Court other land-holders who were likely to be affected in case this scheme was disturbed - For these reasons, Court think that High Court was justified in dismissing writ petition in limine - Appeal dismissed.

JUDGMENT:- This is an appeal from an order of the Punjab & Haryana High Court dismissing in limine the writ petition filed by the appellants before us challenging the scheme of consolidation of holdings relating to Village Bhawanipur, Tehsil Garhsankar, District Hoshiarpur, Punjab. The scheme prepared by the Consolidation Officer was confirmed by the Settlement Officer on February 11, 1964. In April, 1966 it was revoked by the Additional Director, Consolidation of Holdings, but the revocation was set aside by the High Court in December, 1967 on a writ petition made by 59 other land holders of the village. All these years, the appellants did not raise any objection to the scheme. It was only in October, 1968 that they moved this Court challenging the scheme but the writ petition which they filed was withdrawn and in December, 1968, they filed a writ petition in the High Court which was dismissed in limine as stated earlier. That the appellants did not question the validity of the scheme framed in 1964, until October, 1968, has already been stated. They did not also implead in their writ petition in High Court the other land-holders who were likely to be affected in case this scheme was disturbed. For these reasons, we think that the High Court was justified in dismissing the writ petition in limine. The appeal is dismissed. There will be no order as to costs.

Appeal dismissed.

For Citation : AIR 1981 SC 1006

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