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SURESHWAR THAKUR, LALIT BATRA
Shankri Devi Alias Shanker Devi – Appellant
Versus
Director, Consolidation of Holdings-Cum-Director, Land Records, Punjab, Jalandhar – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J.
Through the instant writ petition, the petitioners seek the quashing of order dated 09.02.2022 (Annexure P-7), as became rendered by respondent No. 1, wherebys after elapsing of a period of 32 years, the order dated 20.07.1987 (Annexure P-3) which was rather passed with the agreement of the parties, thus have been set aside.
2. Before proceeding to determine the validity of the above made prayer before this Court, it is imperative to go through Annexure P-1. Annexure P-1, as is but evident on a reading thereof, was passed on a petition as became preferred under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter for short called as the 'Act of 1948').
3. In the said petition, the petitioner had advanced two claims. Firstly that he is a co-sharer in Khata 413/418, thus with the respondents therein and thereby he asked for his share (supra) in the khata (supra) being partitioned. The second contention as became raised thereins related to the over valuations of the land, as became allotted to him in the consolidation scheme, as, thereby land lesser than his entitlement became allotted to him.
4.
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.
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 established that disputes over land entitlements post-consolidation must be resolved in civil court, not through administrative corrections under the Consolidation Act.
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.
Jurisdiction under Section 42 of the Act is limited to clerical corrections and cannot alter finalized consolidation schemes or adjudicate disputed titles.
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 Director of Consolidation lacks jurisdiction to alter finalized consolidation schemes under the Consolidation Act, which can only be revoked by the State Government.
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 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 ....
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