Back
LISA GILL, RITU TAGORE
Baldev Singh – Appellant
Versus
Director Consolidation Punjab – Respondent
JUDGMENT
Lisa Gill, J. (Oral) - This order shall dispose of CWP No. 17632 of 1995 and CWP No. 5149 of 2007 as the challenge in both the writ petitions is to order dated 31.10.1995, Annexure P-11, passed by the Director, Consolidation of Holdings, Punjab, Jalandhar.
2. Both the writ petitions are taken up together for hearing and decision at request and with consent of learned counsel for the parties.
3. Brief facts necessary for adjudication of the petitions, as pleaded, are that petitioners in both the writ petitions claim to be the right holders/proprietors of village Akar, District Patiala. It is pleaded that the land in question measuring 1396 Bigha-07 Biswas belonged to the proprietors as per 'Sharat Wajub-Al-Araz' with entry in the column of ownership recorded as 'Shamlat Deh Hasab Rasad Zar Khewat' and in the column of cultivation as 'Maqbooza Malkan'. It is stated that the land in question belonged to the proprietors jointly and nature of the land is recorded as 'Banjar Quadim'. Consolidation of land holdings in village Akar took place in the year 1956 and in the 'Misl Haqiat', Nagar Panchayat was recorded as the owner and in the column of cultivation, the proprietors were ref
The main legal point established in the judgment is the limited jurisdiction of the consolidation authorities under Section 42 of the Consolidation Act, emphasizing their inability to decide disputed....
Authority under Section 42 of the Act of 1948 cannot adjudicate on disputed titles and is limited to correcting clerical errors in consolidation schemes.
The court emphasized the limitations of the authority under Section 42 of the Consolidation Act 1948 and highlighted the distinction between 'Shamilat Deh' and 'Jumla Mushtarka Malkan' in the context....
Jurisdiction under Section 42 of the East Punjab Holdings Act is limited to clerical corrections and cannot adjudicate title disputes, which are reserved for Civil Courts.
The Director of Consolidation lacks jurisdiction to alter finalized consolidation schemes under the Consolidation Act, which can only be revoked by the State Government.
Jurisdiction under Section 42 of the Act is limited to clerical corrections and cannot alter finalized consolidation schemes or adjudicate disputed titles.
The jurisdiction under Section 42 of the Consolidation of Holdings Act is limited to correcting clerical errors and cannot be used to alter finalized consolidation schemes or adjudicate disputed titl....
Disputes related to land entitlements and mis-allotments should be settled in a civil suit, not under Section 42 of the Act of 1948.
The court affirmed that disputes regarding consolidation schemes must be resolved through appellate remedies, and title disputes among estate holders are to be adjudicated by civil courts, not under ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
