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SURESHWAR THAKUR, LALIT BATRA
Tarsem Lal – Appellant
Versus
Additional Director, Consolidation, Punjab At Mohali – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J.
Through the instant writ petition, the petitioners have challenged the impugned orders dated 17.08.1982 (Annexure P-4), dated 12.9.1983 (Annexure P-5), dated 26.05.1992 (Annexure P-6), dated 31.01.1996 (Annexure P-8), and, dated 15.03.1996 (Annexure P-9).
2. The brief facts of the case are that the consolidation proceedings in the revenue estate of village Patti Mashian Zira, Tehsil Zira, District Ferozepur were concluded before the year 1960. Therefore, entitlement of all the right holders were assessed in the Naksha Hakdarwar and thereafter they were allotted lands as per the valuation of their shares. Resultantly, as such the finalized consolidation scheme became drawn, and, also in terms of Section 22 of the Act, became updated.
3. That during the process of partition of Shamlat Deh land a vast track area fallen to the share of one Bihari Lal, who is father of Mohan Lal; a person similarly situated like the petitioners and from them the petitioners purchased land in a bonafide manner for valuable consideration and are in possession of the same till date.
4. That one Gurbax Rai (father of private respondents), was the owner of 2 Kanal and 16 Marla
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 Act is limited to clerical corrections and cannot alter finalized consolidation schemes or adjudicate disputed titles.
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.
Disputes related to land entitlements and mis-allotments should be settled in a civil suit, not under Section 42 of the Act of 1948.
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 ....
The court established that disputes over land entitlements post-consolidation must be resolved in civil court, not through administrative corrections under the Consolidation Act.
The Director of Consolidation lacks jurisdiction to alter finalized consolidation schemes under the Consolidation Act, which can only be revoked by the State Government.
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.
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