Back
SURESHWAR THAKUR, SUKHVINDER KAUR
M. C. Barnala – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J.
One Mukhtiar Singh-respondent No.4 herein, instituted petition No.S-176/93, before the Additional Director, Consolidation of Holdings, Punjab, Jalandhar, impleading therein Municipal Committee, Barnala (Sangrur) through its Executive Officer, as respondent.
2. Respondent No.4, in the apposite petition, claimed that there was shortage or under allotment of land to him, and, as such the said be undone through the land assigned in the consolidation scheme, to the Gram Panchayat concerned, for the benefit of the village proprietary body, lands whereof has now transmitted to M.C. Barnala, thus being assigned to him.
3. Through a decision drawn on the said lis, on 28.04.1994 (Annexure P-3), the Additional Director, Consolidation remanded the lis to the Consolidation Officer with a direction to him that he should visit the spot and make good the shortage caused to respondent No.4 from the bachat lands. In pursuance to Annexure P-3, Annexure P-4 became recorded, wherebys modifications were made after accepting the remanded lis, and, the Consolidation Officer proceeded to make the hereinafter extracted modifications in the finalized consolidation scheme. Subs
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 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 Act is limited to clerical corrections and cannot alter finalized consolidation schemes or adjudicate disputed titles.
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.
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 ....
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.
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
