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SURESHWAR THAKUR, SUDEEPTI SHARMA
Municipal Council through Executive Officer, Village Lalru, Tehsil Dera Bassi, District SAS Nagar – Appellant
Versus
State of Punjab – Respondent
Judgment
Mrs. Sudeepti Sharma, J.
The instant writ petition is directed against the order dated 25.8.2021 (Annexure P-1). The said order is rendered by Director, Land Records, Punjab, Jalandhar, through his exercising jurisdiction, as became conferred upon him through Section 42 of the East Punjab Holdings Act (Consolidation and Prevention of Fragmentation) 1948 (for short ‘the Act of 1948’).
2. A reading of Annexure P-1 discloses Mihan Singh, who is respondent No. 3 in the present petition filed a petition under Section 42 of the Act of 1948 contending therein that at the time of consolidation of village Dappar, Tehsil Dera Bassi his father Gamma son of Gainda was allotted non-owned (gair malik) area 0B-2B vicinity and 0B-1B Rude vide Resolution No. 6 Sr. No. 50. However, entry of the said allotment was not made in the last record. Similarly vide Sr. No. 51 area 0-2 vicinity and 0-1 Rudi was allotted to Sako son of Mamanddin as non-owner. Further in the last record of the consolidation, name of the father of the petitioner therein i.e. respondent No. 3 herein, was not mentioned in the column of cultivation in the beginning of khasra No. 850, whereby the possession was handed over to
The court upheld the Director's order correcting clerical errors in land records, affirming the lawful consolidation process under the East Punjab Holdings Act, despite ownership disputes.
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 established that disputes over land entitlements post-consolidation must be resolved in civil court, not through administrative corrections under the Consolidation Act.
Authority under Section 42 of the Act of 1948 cannot adjudicate on disputed titles and is limited to correcting clerical errors in consolidation schemes.
Authorities under the East Punjab Holdings Act lack power to review orders under Section 42; disputes regarding land titles must be resolved in civil court.
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....
The jurisdiction under Section 42 of the Act is limited to clerical corrections and does not extend to adjudicating disputed titles, which must be resolved by Civil Courts.
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