Disposed

Balbir Singh and Ors. v. Director Consolidations of Holdings

Punjab & Haryana HC12 Feb 2013CWP/25816/2012

Case brief

AI extract

What is this about?

The High Court was dismayed by the tardy pace of consolidation proceedings despite a 2003 notification. Order directed State to ensure conclusion of proceedings within one year absent legal impediments, citing staff shortage as a cause.

What did the court decide?

Writ petition disposed of by directing respondents to ensure consolidation proceedings conclude within one year.

Balbir Singh and Ors. Vs Director… — Landlord and Tenant | Punjab & Haryana HC (2013)

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CWP No.25816 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.25816 of 2012 DATE OF DECISION : 12.02.2013

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Shri Balbir Singh and others

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...Petitioners

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Versus

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Director Consolidation of Holdings 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. Bhag Singh, Advocate, for the petitioners.

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Mr. D.Khanna, Addl. A.G., Haryana, for respondent Nos.1 to 3.

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RAJIVE BHALLA, J. (ORAL)

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The petitioners pray for issuance of a writ of mandamus to direct respondent Nos.1 to 3 to complete consolidation proceedings in Village Salola, Tehsil Naraingarh, District Ambala, which commenced on 24.07.2003.

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Counsel for the petitioners submits that long pendency of consolidation proceedings and the absence of any definite revenue document has led to illegal encroachments, a situation of utter confusion, as to the rights of ownership and possession and, therefore, a writ of mandamus may be issued, directing respondent Nos.1 to 3 to conclude consolidation proceedings within a fixed period of time.

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Counsel for the State of Haryana submits that as the State is taking steps to ensure expeditious conclusion of consolidation proceedings, the writ petition may be dismissed.

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We have heard counsel for the parties and are dismayed at the tardy pace of consolidation proceedings. A notification, issued in the year 2003, initiating consolidation proceedings, has not attained finality

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CWP No.25816 of 2012

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for reasons that have not been amplified. It appears from an affidavit filed in a similar case, namely, CWP No.22970 of 2012, that there is an acute shortage of staff in the revenue/consolidation department.

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It would be necessary to impress upon the State that in an agrarian State revenue records are significant for determining rights of parties and any negligence or delay in preparing record of rights or concluding consolidation proceedings leads to unnecessary confusion litigation and harassment of the common man.

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In this view of the matter, the writ petition is disposed of by directing the respondents to take remedial measures and to ensure that in the absence of any legal impediment, consolidation proceedings conclude within one year.

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(RAJIVE BHALLA) JUDGE

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(REKHA MITTAL) JUDGE

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12.02.2013 adhikari

Balbir Singh and Ors. v. Director Consolidations of Holdings

Case brief

What is this about?

What did the court decide?

Balbir Singh and Ors. v. Director Consolidations of Holdings

Case brief

What is this about?

What did the court decide?

What the court decided

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