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SURESHWAR THAKUR, KULDEEP TIWARI
Ishwar Dayal – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioners seek rescinding consolidation scheme. (Para 2) |
| 2. arguments center around lack of notice and equitable land distribution. (Para 3 , 4) |
| 3. court finds no merit in lack of notice argument. (Para 5 , 6) |
| 4. arguments on proportional allotment deemed meritless. (Para 7 , 8) |
| 5. draft consolidation scheme parameters adhered to. (Para 9 , 10) |
| 6. court's final conclusion dismisses appeal. (Para 11 , 12) |
JUDGMENT
Sureshwar Thakur, J.
Through the instant petition, the petitioners claim relief for the rescinding of consolidation scheme, as carried in Annexure P-2, besides they also pray for the quashing of the order, drawn on 23.1.2019, as carried in Annexure P-4, whereby the petitioners' application for rescinding of consolidation scheme (supra), became dismissed.
Factual background
2. The consolidation department had started the consolidation operations in the village concerned, on the basis of jamabandi for the year 2001-2002. Thereafter, vide resolution dated 18.2.2005, equal value of the entire land was assessed. Ultimately on 31.3.2005, the draft consolidation scheme was published, and, where after it became finalized by the consolidation officer concerned. Aggrieve
Variation of finalized consolidation scheme on error grounds barred after unreasonable delay; ordinarily three years from implementation, despite no statutory limit, as scheme attains finality with o....
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 Consolidation of Holdings Act is limited to correcting clerical errors and cannot be used to alter finalized consolidation schemes or adjudicate disputed titl....
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 ....
Jurisdiction under Section 42 of the Act is limited to clerical corrections and cannot alter finalized consolidation schemes or adjudicate disputed titles.
The Director of Consolidation lacks jurisdiction to alter finalized consolidation schemes under the Consolidation Act, which can only be revoked by the State Government.
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