Judgment

Mr. Sureshwar Thakur, J.

Through the instant writ petition, the petitioner Gram Panchayat-Mehangarwal claims relief for quashing of Annexures P-10 and P-11.

2. Annexure P-10 is a verdict drawn by the Additional Director, Consolidation of Holdings, Punjab, Jalandhar (hereinafter for short called as the ‘Additional Director’), upon, case No. 53 of 1990 inter-se the Gram Panchayat Mehangarwal, Tehsil and District Hoshiarpur and one Baldev Chand.

3. The above verdict was made on a petition filed under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. Though in the operative part of the verdict, on the asking of the counsel for the petitioner, the lis (supra) was dismissed as withdrawn and with no permission being granted to re-file it. However, the said dismissal as withdrawn of the lis (supra), is only when prior thereto, there was a complete discussion about finality and conclusivity being assignable, to a decree of the Civil Court, as became made on 25.10.1965, whereby the respondents in the said suit were declared to be holding right, title and interest over the disputed lands. Moreover, but obviously the author of Annexure P-10, after assigning credence to the verdict (supra), thus obviously appears to orient his reason making process whereby obviously she appears to maneuver herself towards deciding the lis but on merits, also thereby declining relief to the petitioner Gram Panchayat concerned.

4. In consequence, instead of making the said discussion, on merits of the lis, rather the author of Annexure P-10 was required to be simpliciter making an order, on the petitioner’s application hence asking, for leave to dismiss the lis (supra), as withdrawn. However, the said order dismissing the petition occurs at the conclusion of Annexure P-10, but only after an ad nauseam detailed discussion adversarial, to the petitioner becoming made in Annexure P-10. The said opinion adversarial to the petitioner was required to be refrained from it becoming so made. Necessarily when the said opinion adversarial to the petitioner therein is founded upon a declaratory decree, as, made in favour qua the respondent, in the lis (supra), thus by the civil court concerned. For adding strength and vigor to the above made conclusion, it is deemed but necessary to extract the entire order enclosed in Annexure P-10.

“This petition has been filed under Section 42 of the Consolidation (Prevention of Fragmentation of Holdings) Act, 1961, for amendment of the Scheme under the Act.

In this petition, the real controversy highlighted by the petitioner is that the D.D.P.O. Hoshiarpur, has decided the question of title to this land in dispute, in favour of the Gram Panchayat, Mehangrowal,

Now the question that arises for determination is as to who is the final Authority for deciding the factum of title to the land.

In my opinion, civil court is such a competent and final authority for this purpose and the question of title to the land in dispute, has already been decided by the Civil Court in case No.53/90 as is evident from the copy of the Judgment produced by the Gram Panchayat, village Mehangrowal, on behalf of the share holders of the village wherein their joint possession to the extent of 1/48 shares, is shown. The question of share of the share-holders who approached it. The Gram Panchayat has not led any positive evidence or stated anything to the effect that it has preferred any appeal against the said order dated 25th October, 1965 passed by the Civil Court. Rather, it appears that instead of