JUDGMENT

Mr. Sureshwar Thakur, J. (Oral)

The present petitioner is an estate holder over land(s) comprised in Village Talibpur, H.B. No.652, Tehsil and District Gurdaspur. The land(s) concerned, as, occurring in the Mohal concerned, which were subjected to consolidation operations, and, the said consolidation operations terminated in the year 1992.

2. There is no wrangle amongst the contesting litigants, that the predecessor-in-interest of the parties, litigating before this Court, had executed a testamentary disposition on 18.07.1967. Furthermore, they also do not contest the fact, that the said executed testamentary disposition, thus was genuine. In addition, they further do not wrangle over the fact, that there was no invalidity in the attestation of the mutation of inheritance, as made in the year 1975, on the basis of the said testamentary disposition. Consequently, since all the above events occurred prior to the occurrence of consolidation operations, in the Mohal concerned, therefore all the legatees of deceased testator, one Tara Singh, were entitled to, on the demise of the said testator, seek pro-rata or proportionate allotments of tracts of land, to each of them, by the consolidation officer concerned, in the latter proceeding to draw a finalised consolidation scheme. Moreover, after the allotments being made, to each of the legatees of deceased testator Tara Singh, the records of rights were also required to be updated. The said up dation of records was reiterated to occur in complete consonance with the drawing of the consolidation scheme, besides also the drawing of the consolidation scheme was to be complete tandem with the attestation of mutation, as, made in favour of all the successors-in-interest of deceased Tara Singh, who had executed in their favour, a valid testamentary disposition in respect of his estates.

3. It appears that since the present petitioner became not allotted land(s) in the consolidation scheme, whereas, his other brothers became allotted land(s), therefore it appears, that despite an uncontested testamentary disposition being made in their favour, by their common ancestor one Tara Singh, yet the petitioner becoming excluded from allotment(s) being made qua him, in the consolidation scheme, besides, his also becoming excluded from the records of rights, as became drawn subsequent to the completion of the consolidation proceedings.

4. Therefore, for undoing the above mistake, the present petitioner instituted Annexure P-2, before the consolidation officer concerned. However, the consolidation officer concerned thereons made a decision on 26.10.2016 (Annexure P-4), whereby, the above raised claim by the present petitioner was dismissed. The dismissal of Annexure P-2, through the drawing of Annexure P-4, has led the petitioner to motion this Court.

5. A reading of Annexure P-4 reveals, that the principal reason which prevailed upon the authority, who drew it, became rested on the premise, that the civil court concerned made a verdict of dismissal, on 21.02.2013, upon the suit instituted by the present petitioner/plaintiff therein, seeking the makings of a declaratory decree, besides the making of a decree of permanent prohibitory thus qua him.

6. The above assigned reason, does not appeal, to the judicial conscience of this Court, as the reading of the operative part of the verdict (supra) reveals, that the civil court concerned had made a declining decree, on the said suit, only on the premise, that there was an alternative remedy available to the petitioner, which became yet un-availed. Therefore, the said suit was not dismissed on