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2023 Supreme(P&H) 1819

SURESHWAR THAKUR, KULDEEP TIWARI
Gurpreet Singh – Appellant
Versus
Director Land Records, Punjab – Respondent


Advocates appeared:
For the Parties :Mr. S.S. Salar, Ms. Monika Jalota Sr. DAG, Punjab, Mr. S.D. Sharma Senior, Advocate, Mr. Varun Anand

Judgment

Mr. Sureshwar Thakur, J. :-

Factual Background.

1. Through the instant petition, a challenge is made to Annexure P-3. Annexure P-1 is an application/ petition made by co-respondents No. 2 to 5 herein, petitioners therein, under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (As applicable to Haryana) (hereinafter for short called as the ‘Act of 1948’), thus before the competent Authority concerned.

2. Annexure P-1 became instituted on 26.05.2015. In the said petition, the petitioners therein, respondents No. 2 to 5 herein, pleaded that before the completion of the consolidation operations in the mohal concerned, their ancestors had purchased 27 bigha 5 biswa 10 biswansi land through a sale deed dated 24.06.1957 but mutation of the same could not be sanctioned because at that time the consolidation operations were underway. After finalization of the consolidation operations, new record was prepared in the name of the persons who were owners prior to the consolidation. That subsequently the legal heirs of the vendors filed a petition for partition of 58 kanal 18 marla land praying that they be given possession as per their sha

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