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1996 DIGILAW 2278 (SC)

RAM PANCHAYAT VILLAGE SIDH. THROUGH SARPANCH ZORA SINGH v. ADDITIONAL DIRECTOR, CONSOLIDATION OF HOLDINGS, PUNJAB

1996-11-21

KULDIP SINGH, S.SAGHIR AHMAD

body1996
ORDER 1. Special leave granted. 2. It is not disputed that consolidation proceedings were completed in the village in the year 1953-54. It is further not disputed that prior to consolidation proceedings, the entry regarding Kbewat No. 78 measuring 1000 bighas 16 biswas was made in the Jamabandi as "Shamlat Deh Hasad Rasad Raqba Kbewat". It is also not disputed that after the consolidation, the entry in the revenue record was in similar terms. The Additional Director, Consolidation by the order dated 1-5-1990 changed the mutation entries in the revenue record and distributed part of the land amongst the right holders. We are of the view that after the enforcement of the Punjab Village Common Lands (Regulation) Act, 1961, the question of ownership could only be decided by the Collector under Section 11 of the Act. Mr Palli, learned counsel for the right holders, has contended that the area which was bachat area was distributed amongst the right holders. It is a question to be decided by the Collector. The right holders may raise all the points, if they wish to, before the Collector. We, therefore, allow this appeal, set aside the order of the Additional Director dated 1-5-1990 and also the order of the High Court dated 12-9-1990 and remand the case to Collector, District Patiala to decide the case afresh in accordance with law, after hearing the parties. No orders as to costs.