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1998 Supreme(P&H) 747

B.RAI, G.C.GARG
Baldev Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

B.Rai, J.

1. This petition under Articles 226/227 of the Constitution of India has been filed with a prayer to issue a writ in the nature of certiorari quashing the order dated 31.3.1995 Annexure P-4 by Deputy Commissioner- cum-District Collector, Kapurthala and order dated 26.4.1996 Annexure P5 passed by the Joint Development Commissioner (IRD) Punjab ignoring the order dated 2.11.1995 Annexure P1 passed by Additional Director Consolidation of Holdings, Punjab, Jalandhar.

2. Facts of the case are that the land in dispute is comprised in Khewat Khatauni No. 130/213, Khasra No. 173(3-10), 174(6-0), 181(3-4), 182(6-0), 183(6-2). The case of the petitioner is that prior to consolidation the land in dispute was described as Shamlat Deh Hasab Rasad Khewat in the revenue record. During the consolidation some land was used for common purposes and the remaining was shown as Shamlat Deh Hasab Rasad Khewat. The land in question was Banjar. The petitioner spent huge amount on its development and made the same cultivable. He is in possession of the land in dispute prior to 1950 and the Gram Panchayat has no right or concern with the land in dispute. The land in dispute vests in the pet





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