The plaintiffs' entitlement to the allotted land during consolidation proceedings and the jurisdiction of the consolidation authorities to make ownership determinations.

1. Plaintiffs Ajmer Singh and Bhaghel Singh instituted suit for permanent injunction against the Gram Panchayat of village, Balad Kalan through its Sarpanch and Naib Tehsildar, Bhawani-garh receiver restraining the latter from auctioning the land, as detailed in the heading of the plaint, situated in village Balad Kalan, by way of lease for the year, 1994-95. It is alleged in the plaint that land in dispute was carved out during consolidation proceedings. It was allotted to Ajmer Singh and Bhaghel Singh by the consolidation Authorities with a view to making up deficiency in their holding. Plaintiffs were taking steps to take its possession. The Gram Panchayat and the Naib Tehsildr, Bhawanigarh (receiver) threatened to auction the land in suit on lease for the year 1994-95 if the said threat gets materialised, plaintiffs interest and right would be jeopardise.

2. The Gram Panchayat contested the suit of the plaintiffs urging that the plaintiffs had been allowed other full area in lieu of their preconsolidation land, land in suit is part of shamilat deh. It could not be allotted to the plaintiffs and was not allotted to them. In any case if the alleged allotment is proved, the same is illegal and does not effect the rights of the defendant-Gram Panchayat.

3. Plaintiffs suit was that during consolidation some land was wrongly deducted at the time of allotment of land to the right holders in order to make up deficiency, they filed revision under Sec. 42, of the Eastr Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (herein after to be referred as Act), which was accepted by the Additional Director, Consolidation of Holdings Punjab, Chandigarh. The Gram Panchayat went in writ to High Court, which was also dismissed. Thereafter, dispute again arose between the defendants and the right holders regarding the possession of the land of the Gram Panchayat including the suit land. SDM, Sangrur attached the land under Sections 145/146, Cr.P.C.land is still under attachment. Land in dispute was distributed by the Consolidation Officer in the month of March, 1994. The possession was to be given to the right holders. Plaintiffs applied for the possession of the land under this said act. On receipt of notice under Sec. 23(2) of the Act, defendants fixed the date for auctioning of the land by way of lease for the year 1994-95, which they cannot do.

4. As per the Gram Panchayat, the plaintiffs, were allotted 30 bighas 6 biswas of land during consolidation. They accepted this area to be corrected, Plaintiffs had no right to the allotment of the land in suit because it is land of the shamilat deh. Consolidation authorities had no right to allot land kept for the purpose of shamilat deh. Any allotment of shamilat land to the plaintiffs by the consolidation authorities is illegal and void vesting them with no right of ownership. As per the Gram Panchayat, land in suit it is given to different chakotedars on lease on the basis of open auction.

5. On the pleadings of the parties, the following issues were framed :

1. Whether the plaintiffs are entitled to the grant of permanent of permanent injunction as prayed for ? OPP 2.Relief.

6. On the conclusion of the trial, Sub Judge IInd Class, Sangpur vide order dated 15-5-1995 decreed the plaintiffs suit for permanent injunction restraining the defendants from auctioning the land in suit as detailed in the heading of the plaint for the year, 1994-95 by way of open auction in view of her finding that they are owners in possession in view of the order dated 30-3-1983 passed by the Additional Director (Consolidation of Holdings) Punjab, Chandigarh vide which Khasra Nos. 1232/6-5 1233/6-5, 1238/4-19, 1239/5-16, 1240/7-4, 1241/9-3 1249/6-5 were allotted to Ajmer Singh and Bhagel Singh and that mutation was sanctioned in their favour qua this land which was incorporated in jamabandi for the year 1992-1993. Writ file by the Gram Panchayat was dismissed and special leave petition fi