Allowed

Narang Singh & Ors. v. Additional Director C/H & Ors.

Punjab & Haryana HC4 Oct 2012CWP/2628/1986

Case brief

AI extract

What is this about?

The Court allowed a writ petition holding that lower authorities wrongly dismissed an appeal by conflating a land exchange order with the petitioners' pending claim regarding a shortfall in land allocation. The matter was remanded for adjudication.

What did the court decide?

Orders dated 04.01.1985 and 03.04.1986 set aside; matter remanded to Director Land Record, Jalandhar for adjudication of land shortfall.

Narang Singh & Ors. Vs Additional Director C/H… — Land Acquisition | Punjab & Haryana HC (2012)

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CWP No.2628 of 1986

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

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CHANDIGARH

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CWP No.2628 of 1986

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DATE OF DECISION : 04.10.2012

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Naurang Singh and others

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…Petitioners

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Versus

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The Additional Director, Consolidation of Holdings, Punjab and others

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…Respondents

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CORAM: HON’BLE MR. JUSTICE RAJIVE BHALLA HON’BLE MRS. JUSTICE REKHA MITTAL

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Present : Mr. A.P.Kaushal, Advocate for the petitioners.

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None for the respondents.

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RAJIVE BHALLA, J. (ORAL)

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The petitioners pray for issuance of writ of certiorari setting aside orders dated 10.03.1981, 04.01.1985 and 03.04.1986 passed by the Additional Director, Consolidation of Holdings, Punjab, the Assistant Director, Consolidation of Holdings, Jalandhar, and the Additional Director, Consolidation of Holdings, Punjab, respectively.

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Counsel for the petitioners submits that though it is true that vide order dated 10.03.1981 (Annexure P-2), the Additional Director, Consolidation of Holdings, Punjab, decided the dispute between the petitioners and Chand Singh-Respondent No.3, relating to Killa No.99/18/2 and directed shifting of the said killa, as

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CWP No.2628 of 1986

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depicted in order dated 10.03.1981, but as the petitioners' plea for making good deficiency in his land was not considered and is pending adjudication before the Settlement Officer, Jalandhar, the appeal filed by the petitioners before the Assistant Director, Consolidation of Holdings,Punjab and thereafter, before the Additional Director, Consolidation of Holdings, Punjab, could not have been dismissed on the premise that the Additional Director, Consolidation of Holdings, Punjab, has passed order dated 10.03.1981.

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No-one has put in appearance on behalf of the private respondents.

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We have heard counsel for the petitioners and are satisfied that order dated 10.03.1981 has been wrongly referred to by the Assistant Director, Consolidation of Holdings and the Additional Director, Consolidation of Holdings, Punjab, while dismissing the petitioners' application. The said order pertains to an exchange of land between the petitioners and Chand Singhrespondent No.3 and does not consider the petitioners' plea relating to any “kami beshi” (shortfall) in their allotment. On account of this erroneous understanding of order dated 10.03.1981 Assistant Director, Consolidation of Holdings dismissed the petition, as infructuous and the then Additional Director, Consolidation of Holdings, Punjab, dismissed the petition filed by the petitioners.

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In this view of the matter, we allow the writ petition, set aside the orders dated 04.01.1985 and 03.04.1986 passed by the

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CWP No.2628 of 1986

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Assistant Director, Consolidation of Holdings and the Additional Director, Consolidation of Holdings, respectively, and remit the matter to the Director Land Record, Punjab, Jalandhar, for adjudication of the claim of the petitioners, with respect to “kami beshi” in their entitlement.

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Parties are directed to appear before the Director Land Record, Punjab, Jalandhar, on 06.11.2012, who shall decide the matter within three months.

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(RAJIVE BHALLA) JUDGE

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04.10.2012 (REKHA MITTAL) adhikari JUDGE

Narang Singh & Ors. v. Additional Director C/H & Ors.

Case brief

What is this about?

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Narang Singh & Ors. v. Additional Director C/H & Ors.

Case brief

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