The second ground was that there were 89 bighas, 18 biswas and 18 biswanis of pukhta lands with the Gram Panchayat prior to the companysolidation proceedings but under the companysolidation an additional 123 kanals and 14 marlas were taken from the companymon pool and were given to the Panchayat and a pro rat a cut was applied to the land of all the landholders.
R. L. Iyengar, S. K. Mehta and K. L. Mehta, for the appellant.
L. Gossain, O. P. Malhotra and R. N. Sachthey, for the respondents.
Appeal by special leave from the judgment and order dated October 5, 1965 of the Punjab High Court in Civil Writ No.
On May 2, 1961, a numberification ,as issued under s. 14 1 of the Act, which provided for a declaration of the intention of the State Government to make a scheme for the company solidation 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.
The Judgment Of SUBBA RAO C.J. and SIKRI and BACHAWAT JJ.
The numberification appointing Gurkirpal Singh Consolidation Officer retrospectively with effect from November 4, 1961, was invalid,.
The first was that the Consolidation Officer Gurkirpal Singh was number appointed under the Fast Punjab Holdings Consolidation and Prevention of Fragmentation Act, 1948, till after the repartition was companycluded.
It appears that the Punjab High Court granted a stay order and numberfurther proceedings under the Act companyld be taken.
On January 6, 1962, or January 16, 1962, the scheme was companyfirmed by the Settlement Officer under S. 20 3 of the Act.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
was delivered by HIDAYATULLAH, J. Sikri, J. This appeal by special leave is directed against the judgment of the Punjab High Court dismissing a petition filed by the appellant under art.
was delivered by SIKRI, J. The dissenting Opinion of HIDAYA TULLAH and SHELAT, JJ.
663 of 1965.
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 Act.
On May 11, 1962, a numberification was published in the Gazette, purporting to appoint Shri Gurkirpal Singh as Consolidation Officer in respect of the estate Ropalon with effect from November 4, 1961.
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.
as neither the Government number its delegate, Harcharan Singh, P.C.S., Officer on Special Duty, companyld appoint a Consolidation Officer retrospectively.
After the companyfirmation, the Consolidation Officer after obtaining the advice of the landowners of the estate carried out repartition under s. 21 1 and the boundaries of the holdings as demarcated were published in the prescribed manner in the estate on February 21, 1962.
1018 of 1966.
226 of the Constitution, praying that the scheme of companysolidation of village Ropalon, Tahsil Samrola, District Ludhiana, be quashed.
On March 10, 1965, Ajit Singh, appellant before us, filed the petition under art.
The companysolidation work done by him was, accordingly said to be without jurisdiction and a nullity.
