J. M. SHELAT, K. SUBBA RAO, M. HIDAYATULLAH, R. S. BACHAWAT, S. M. SIKRI
Ajit Singh – Appellant
Versus
State Of Punjab – Respondent
Judgment
SIKRI, J. : ( For himself and for Subba Rao CJI. and Bachawat J.) This appeal by special leave is directed against the judgment of the Punjab High Court dismissing a petition filed by the appellant under Article 226 of the Constitution, praying that the scheme of consolidation of village Ropalon, Tehsil Samrola, District Ludhiana, be quashed. The scheme which was sought to be quashed was made under the provisions of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act. 1948 hereinafter referred to as the Acct. On May 2, 1961, a notification was issued under S. 14 (I) of the Act, which provided for a declaration of the intention of the State Government to make a scheme for the consolidation of holdings in the estates. Section 14(2) of the Act provides for the appointment of a Consolidation Officer and the preparation of a scheme by him. One Gurkirpal Singh, purporting to act as the Consolidation Officer, prepared a draft scheme and published it on November 8, 1961, under S. 19 (1) of the Act. On January 6, 1962, or January 16, 1962, the scheme was confirmed by the Settlement Officer under S. 20 (3) of the Act. After the confirmation, the Consolidation
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