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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, SUDEEPTI SHARMA, JJ.
Teja Singh (D) through LRs – Appellant
Versus
State of Punjab - Respondent
CWP No. 8213 of 1995
Decided On : 07-02-2024
Consolidation - Petition under Section 42 - The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 - The court interpreted the provisions of the Act, emphasizing the lack of a limitation period but requiring motions to be filed within a reasonable time, and clarified the jurisdiction of the Consolidation Officer.
Fact of the Case:
A petition was filed under Section 42 of the East Punjab Holdings Act, claiming relief regarding the partition of land among co-sharers. The case involved multiple remands and appeals concerning the consolidation scheme and alleged mis-allotments of land.
Finding of the Court:
The court found that the petition was time-barred and should have been rejected. It ruled that the issues raised were not merely clerical errors but involved substantive disputes over land entitlements, which should be resolved in a civil suit.
Issues: Whether the petition under Section 42 was time-barred and whether the disputes raised pertained to clerical errors or substantive issues regarding land entitlements.
Ratio Decidendi: The court held that disputes regarding land entitlements arising from the consolidation scheme should be addressed in a civil suit, as they do not fall under the purview of clerical corrections permissible under Section 42.
Result: The petition was allowed, and the impugned orders were quashed, directing the aggrieved parties to seek remedy in civil court.
JUDGMENT :
Mr. Sureshwar Thakur, J. (Oral): One Karnail Singh, and others instituted a petition under Section 42 of The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as “the Act of 1948”). In the said petition the petitioners claimed the hereinafter extracted reliefs.
2. On the said petition, the Director, Consolidation of Holdings, Punjab made Annexure P-7, whereby he proceeded to make remand of the lis to the Consolidation Officer concerned, with a direction to him that after hearing all the contesting litigants, his proceeding to, if the said claims are admissible under the scheme, to accordingly allow or reject the said claims.
3. The Consolidation Officer concerned, in terms of directions made, upon him through Annexure P-7, proceeded to, make the amendments in the manners, as detailed in Annexure P-8, amendments whereof become extracted hereafter.
| Sr. No | Name of owner | Excluded |
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| Included |
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| 1. | Karnail Singh-Jarnail Singh- Jit Singh sons of Harnam Singh in equal shares | 55//62 min | 0-18 | 0-18 | 192//18/4 19/2 71//12/5 north-west 77//9/6 north-east Qitta 4 | 3-4 4-3 0-12 0-7 8-6 | 1-4 1-11 0-12 0-7 3-14 |
| 2. | Karnail Singh etc. KH. No.2983 mortgagors, Arjun Singh son of Sunder Singh mortgagee | 192//18/4 | 3-4 | 1-4 | Xxx |
|
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| 3. | Karnail Singh etc. KH. No.2984 mortgagors, Inder Singh-Sardara Singh sons of Waryam Singh in equal shares mortgagees. | 192//19/2 | 4-3 | 1-11 | Xxx |
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|
| 4. | Teja Singh- Megha Singh- Harnek Singh sons of Nadhan Singh in equal shares. | 71//12/5 North-West 77//9/6 North-East Qitta | 0-12 0-7 0-19 | 0-12 0-7 0-19 | 55//62 min | 0-18 | 0-18 |
4. The learned State counsel submits, that the aggrieved from Annexure P-8 preferred an appeal thereagainst before the learned Additional Director concerned. On the said appeal, the learned Additional Director made an order on 31.10.1989, whereby he proceeded to after accepting the said appeal make an order of remand to the Consolidation Officer concerned.
5. In pursuance to the said order of remand, the Consolidation Officer concerned, as unfolded by Annexure P-10, proceeded to make the hereinafter extracted corrections or modifications in the consolidation scheme.
| Sr. No. | Name of owner |
| Excluded |
| Included |
|
|
| 1. | Karnail Singh-Jarnail Singh- Jit Singh sons of Harnam Singh in equal shares | 55/62 min | 0-18 | 0-18 | 192//18/4 19/2 71//12/5 North-West 77//9/6 North-East Total: | 3-4 4-3 0-12 0-7 8-6 | 1-4 1-11 0-12 0-7 3-14 |
| 2. | Karnail Singh etc. KH. No.2983 mortgagors, Arjun Singh son of Sunder Singh mortgagee | 192//18/4 | 3-4 | 1-4 | Xxx |
|
|
| 3. | Karnail Singh etc. KH. No.2984 mortgagors, Inder Singh-Sardara Singh sons of Waryam Singh in equal shares mortgagees. | 192//19/2 | 4-3 | 1-11 | Xxx |
|
|
| 4. | Teja Singh- Megha Singh- Harnek Singh sons of Nadhan Singh in equal shares. | 71//12/5 North-West 77//9/6 North-East | 0-12 0-7 0-19 | 0-12 0-7 0-19 | 55//62 min | 0-18 | 0-18 |
6. Annexure P-10 brought grievance to the aggrieved therefrom, and, thus they filed an appeal there against before the Settl
The court established that disputes over land entitlements post-consolidation must be resolved in civil court, not through administrative corrections under the Consolidation Act.
Disputes related to land entitlements and mis-allotments should be settled in a civil suit, not under Section 42 of the Act of 1948.
Jurisdiction under Section 42 of the Act is limited to clerical corrections and cannot alter finalized consolidation schemes or adjudicate disputed titles.
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.
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....
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 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.
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 ....
Authority under Section 42 of the Act of 1948 cannot adjudicate on disputed titles and is limited to correcting clerical errors in consolidation schemes.
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