Pradeep Nandrajog, J.

( 1 ) ANOTHER case of fight over 1 bigha land. Fortunately it relates to its location. Consolidation took place in village mitraon. East Punjab Holdings (Consolidation and Prevention of fragmentation) Act, 1948 governs consolidation and repartition of holdings in delhi. Scheme of consolidation framed under Section 20 of the Act required that lands abutting the mettled dhasa Road (also called Najafgarh Road) were to be treated as compact block and holding allotted to the land holder as it is.

( 2 ) FOR record, the scheme aforesaid was not filed by any party along with the pleadings, but copy was handed over in Court during arguments. Parties also handed over Aksh Shajra of pre-consolidation Khasra Nos. 421 and 420. Petitioners and contesting respondent, being respondent No. 3 had filed certified copy of the Aksh Shajra. It showed a variance in the location of the 2 khasras. One relied upon by the petitioner showed that towards the south eastern side, Khasra No. 421 abutted Najafgarh Road. One filed by respondent no. 3 showed that it did not. It showed that the south-eastern edge of the khasra was just a little away from the road.

( 3 ) FOR record, impugned order has not dealt with the location of Khasra nos. 421 and 40.

( 4 ) WHILE reserving for judgment when arguments were concluded on 29. 11. 2004, it was recorded:

"29. 11. 2004 present: Mr. N. S. Vashisht for the petitioner. Mr. B. S. Mor for respondent No. 2. W. P (C) 569/1992 1. Case of the petitioner is that the order dated 9. 8. 1985 (Annexure P- 4) has attained finality. As per the said order, petitioner was restored land comprised in Killa No. 63/2/1 (West) (post consolidation Khasra No. ). Grievance is that while passing the order dated 17. 1. 1992 and its implementation by the Revenue authority, petitioner was not restored possession of land comprised in Khasra No. 63/2/1 (West ). 2. Dispute between the parties relates to the identity of the land comprised in Killa No. 63/2/1 (West ). 3. Mr. Mor, who appears for respondent No. 2, has laid emphasis on scheme of consolidation which was framed. He states that as per the scheme of consolidation, it was decided that the Haqdars, whose land falls along the permanent Dhasa Road (also known as najafgarh Road) were not to be disturbed at the re-partition and their holding on the said road had to be retained as it is. In other words, Mr. Mor states that the extent, dimensions and location of pre and post-consolidation holding along Najafgarh Road had to be retained. Mr. Mor further states that no part of land of the petitioner abutted or opened into Najafgarh Road. 4. Mr. Vashisht states that pre-consolidation Khasra No. 421 belonged to the petitioner and his brother. He states that the said Khasra abutted Najafgarh Road. Mr. Mor admits that the petitioner and his brother were the recorded Bhoomidars of pre-consolidation Khasra no. 421 but disputes that any part of said Khasra abutted Najafgarh road. 5. Mr. Mor further states that Eastern part of Khasra No. 421 (pre- consolidation) has fallen to the share of the petitioner s brother mahender Singh. Mr. Vashisht disputes the said fact and states that in the consolidation proceedings in lieu of land comprised in khasra No. 421 (pre-consolidation), land comprised in Khasra No. 63/2/1 has been allotted to the petitioner. 6. Arguments heard. Judgment reserved. "while effecting repartition, vide order dated 6/7. 10. 1982 the consolidation officer affected changes in the holdings of the land owners as originally alloted. He withdrew Khasra No. 63/2 (West) from the petitioner and in lieu thereof including Khasra No. 63/2 (North in petitioner s holding ). Both Khasras admeasured one bigha.

( 5 ) PETITIONER challenged the order dated 6/7. 10. 1982 by filing a revision petition under Section 42 of the Act. Inter alia, in the revision petition, averred as under:

" (C) That the learned Consolidation Officer has committed a material irregularity in changing the locatio

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