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1982 Supreme(P&H) 25

M.M.PUNCHHI
Kundan Singh – Appellant
Versus
Additional Director, Consolidation Of Holdings, Punjab, Jullundur – Respondent


Judgment

1. This is a petition under Articles 226 and 227 of the Constitution of India, requiring this Court to quash the orders of the Additional Director, Consolidation of Holdings, Punjab, Jullunder, dated December 21, 1979, Annexure-P-4 to the petition.

2. Facts giving rise thereto are these :

The petitioner as also respondent No.2 named Swaran Singh were right-holders in village Bir Pind, Tehsil Nakodar, District Jullundur. Consolidation operations under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short, referred to as the Act ) took place in the village. In due course the scheme of repartition was prepared. Repartition took place on July 20, 1961. Neither the petitioner nor respondent No.2 objected to the same and it became final. According to the petitioner, none of them even tiled objections thereto so as to attract any order under S.21(2) of the Act. There were no appeals either under the said S.21.

3. On the supposed assertion of the claim by respondent No.2, that he had a right to have his land irrigated from a well, he fell out with his brother named Sham Singh, who is not a party to the present petition. This Sham Singh, in or







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