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2004 Supreme(P&H) 21

S.S.NIJJAR
Bachan Singh (Died) Through Lrs. – Appellant
Versus
Santokh Singh, P. C. S. – Respondent


Judgment

S.S.Nijjar, J.

1. This petition under Article 226 of the Constitution of India seeks issuance of writ in the nature of certiorari, mandamus or any other writ, order or direction quashing the order passed by respondent No. 1 dated 30.8.1982, Annexure P6.

2. The petitioner is a land-owner of village Chohla Sahib, Tehsil Tarn Taran, District Amritsar. The respondents are also land-owners and the parties have a joint khe-wat. Besides respondents No.2 to II, there are numerous other co-sharers. They have, however, never agitated the matter in any proceedings. The consolidation proceedings in the village started in 1953-54 under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter called "the Act"). Repartition under Section 21(1) of the Act was carried out on 30.3.1954. According to the provisions of the scheme, it was provided that the land of the right holders on the circular road shall be allotted to them and it shall not be disturbed during the consolidation proceedings. The land was originally in possession of the father of the petitioner. After the death of the petitioners father, the land continued to be in possession of the peti






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