Back
SURESHWAR THAKUR, KULDEEP TIWARI
Ishwar Dayal – Appellant
Versus
State of Haryana – Respondent
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. Aggrieved from the finalized consolidation scheme, the petitioners herein along with other land holders of the village concerned, preferred a petition under Section 42 of the Prevention from Fragmentation of Land Holding and Consolidation Act , before the Commissioner, Ambala Division, Ambala Cantt hence seeking the setting aside of the finalized consolidation scheme, prepared on 31.3.2005, by the Consolidation Officer, Karna
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
