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2024 Supreme(P&H) 469

SURESHWAR THAKUR, SUDEEPTI SHARMA
Teja Singh (D) through LRs – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appearing Parties :Mr. Maninder Singh DAG, Punjab, Mr. G.S. Nagra Advocate, Mr. K.S. Rawat Advocate, Mr. R.K. Chauhan Advocate, Mr. M.L. Saini Advocate

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.

    “That before consolidation Khata of Harnam Singh, Nidhan Singh, Pal Singh in equal share (1/3 each) was joint and had old Khasra Numbers 706 (3-8), 711 (3-13) and new khasra number 55/62 (5-18) was deducted from Nidhan Singh 1-11, Pal Singh 1-11 and 2-17 from Harnam Singh. The area of above Khasra Number be partitioned amongst the co-sharers according to their share and deficiency caused to the petitioner be made good.”

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 thro

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