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Rattan Singh and ors. Vs. State of Punjab and ors. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1583(N) of 1969
Judge
Reported inAIR1981SC1006; (1980)1SCC11; 1979(11)LC723(SC)
AppellantRattan Singh and ors.
RespondentState of Punjab and ors.
Excerpt:
.....of scheme - article 226 of constitution of india - petitioners-appellants challenge validity of scheme of consolidation of land holdings - appellants did not question validity of scheme framed in 1964 until october 1968 - they also did not implead other effected landholders in their writ - held, high court was justified in dismissing writ petition. - equal pay for equal work: [dr.arijit pasayat & dr.m.k.sharma,jj] applicability of respondent workman working as boiler overhauling mechanic along with performing duties of fitter, claiming right to be given parity in pay scale with persons working as boiler mistry - based on nature of work and responsibilities, both posts being similar -tribunal and high court putting the burden on the employer to prove and establish that both the..........director, consolidation of holdings, but the revocation was set aside by the high court in december, 1967 on a writ petition made by 59 other land-holders of the village. all these years, the appellants did not raise any objection to the scheme. it was only in october, 1963 that they moved this court challenging the scheme but the writ petition which they filed was withdrawn and in december, 1963 they filed a writ petition in the high court which was dismissed in limine as stated earlier. that the appellants did not question the validity of the scheme framed in 1964 until october, 1968 has already been stated. they did not also implead in their writ petition in high court, the other landholders who were likely to be affected in case this scheme was disturbed. for these reasons,.....
Judgment:

1. This is an appeal from an order of the Punjab & Haryana High Court dismissing in limine the writ petition filed by the appellants before us challenging the scheme of consolidation of holdings relating to Village Bhawanipur, Tahsil Garhsankar, District Hoshiarpur, Punjab. The scheme prepared by the Consolidation Officer was confirmed by the Settlement Officer on February 11, 1964. In April, 1966 it was revoked by the additional Director, Consolidation of Holdings, but the revocation was set aside by the High Court in December, 1967 on a writ petition made by 59 other land-holders of the village. All these years, the appellants did not raise any objection to the scheme. It was only in October, 1963 that they moved this Court challenging the scheme but the writ petition which they filed was withdrawn and in December, 1963 they filed a writ petition in the High Court which was dismissed in limine as stated earlier. That the appellants did not question the validity of the scheme framed in 1964 until October, 1968 has already been stated. They did not also implead in their writ petition in High Court, the other landholders who were likely to be affected in case this scheme was disturbed. For these reasons, we think that the High Court was justified in dismissing the writ petition in limine. The appeal is dismissed. There will be no order as at costs.


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