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2023 Supreme(P&H) 1636

SUDEEPTI SHARMA, SURESHWAR THAKUR
Gram Panchayat, Sri Nagar – Appellant
Versus
Director, Consolidation of Holdings, Punjab – Respondent


Advocates appeared:
For the Parties : Mr. Harkirat Singh Sandhu, Mr. Maninder Singh DAG, Punjab

Judgment

Mr. Sureshwar Thakur, J.

The instant writ petition is directed against the order dated 19.9.1996 (Annexure P-1), whereby the Director, Consolidation of Holdings, Punjab, after allowing the petition filed under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short ‘the Act of 1948’), proceeded to remand the case to the Consolidation Officer (Tehsildar), Nabha, District Patiala, for the latter working out the requirements of land, for common purposes, as per provisions of the Consolidation Act of the 1948, and, the Rules framed thereunder, and, also made a direction upon the consolidation officer concerned, to re-partition, and, re-distribute the lands amongst the proprietors, thus according to their entitlements.

2. Though, the above impugned annexure, is a simpliciter order of remand to the Tehsildar concerned, yet it is argued by the learned counsel for the petitioner, that since thereby there is re-opening of the finalized consolidation scheme, besides when through the impugned annexure, the authority concerned, has made a prima facie conclusion, thus in respect of the prima facie entitlements of the proprietors concerne

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