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Judgment Search Results Home > Cases Phrase: east punjab holdings consolidation and prevention of fragmentation act 1948 Page 3 of about 525 results (0.049 seconds)

Jun 06 2006 (HC)

Shiv Shyam Sales Enterprises. Vs. State of Maharashtra and Two ors.

Court : Mumbai

Reported in : 2006(5)BomCR193

..... such order passed in appeal, a revision was not maintainable. the petitioner therein had objected to the scheme which was framed under the provisions of east punjab holdings (consolidation and prevention of fragmentation) act, 1948. the said objection was rejected by the consolidation officer and therefore, the petitioner filed appeal under section 21[3] before the settlement officer, but that appeal also failed. the petitioner thereafter ..... in paragraph nos. 12 to 14 of the order. further the hon'ble apex court has concluded that the remedy of revision contemplated by section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, was only in relation to the original order passed by the officer. in the facts of the present case it is apparent that the bombay sales tax ..... . section 21[4] provided for appeal to state government. the petitioners appeal was heard by assistant director of consolidation of holdings, ambala to whom the governments powers and functions concerning the appeal had been delegated under section 41[1] of the act. the said officer allowed the appeal of petitioner, and one shri harisingh -respondent no. 2 before the hon ..... there was any mistake or error apparent on the face of record of this case to enable the respondent no. 3 to exercise jurisdiction under section 62 of the act. we hold that respondent no. 3 did not possess jurisdiction to deliver verdict on the said issue after expiry of two years from the date of his original order. 12 .....

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Sep 06 2005 (SC)

Bagirath Singh and anr. Vs. State of Haryana and ors.

Court : Supreme Court of India

Reported in : AIR2005SC3672; JT2005(8)SC296; (2005)7SCC556

..... partition scheme framed by the consolidation authorities in respect of the three villages in question was not in accordance ..... and change of possession of land effected. 6. the consolidation scheme came to be challenged by one sultan singh before the deputy commissioner, karnal exercising powers under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (hereinafter referred to as 'the consolidation act'). invoking his revisional jurisdiction it was contended that re- ..... with law. in particular the petitioner challenged the propriety and legality of paragraph 11 of part vi of the consolidation ..... was sought to be challenged by some of the land holders by filing another application under section 42 of the consolidation act, the same was rejected by the director consolidation holding that the scheme framed in accordance with the direction of the high court and which was upheld by the high .....

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Sep 10 2004 (HC)

Balbir Singh and ors. Vs. Financial Commissioner and ors.

Court : Delhi

Reported in : 114(2004)DLT655; 2004(77)DRJ525; (2005)139PLR16

..... the ground that counsel was not heard on 19.8.2004. i had dismissed the said cm.9. consolidation commenced in village karala with the issuance of a notification under section 14(1) of the east punjab holdings (consolidation and prevention and fragmentation) act, 1948 hereinafter referred to as the consolidation act.10. as per the averments made in the petition, 10411 bigha and 8 biswa of land valued ..... area.14. since petitioner no.1, his brothers and kapoor singh were not given possession of the plots allotted, they filed a revision petition under section 42 of the consolidation act before the financial commissioner. revision petition was registered as case no.290/83-ca. vide order dated 2.2.1984 the revision petition was disposed of with a direction ..... pride.'5. land comprised in killa no.257 in village karala admittedly being a village pond and vested in the gaon sabha was withdrawn from the gaon sabha during consolidation proceedings and allotted to the petitioners. this allotment stands cancelled by the financial commissioner vide order dated 11.11.1986, which order stands impugned in the present proceedings.6 ..... standi since it is within the competence of authority under section 42 of the act to what the interest of the persons on common land.20. quashing the order passed by the consolidation officer, matter was remanded with the following direction:-'case is remanded to the learned consolidation officer with the directions that first he should ascertain from the records whether .....

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Feb 02 2005 (HC)

Rachhpal Singh and anr. Vs. the Addl. Director Consolidation of Holdin ...

Court : Punjab and Haryana

Reported in : (2005)140PLR419

..... were incorporated in jamabandi for the year 1979-1980 (annexure p/2). still dissatisfied, respondent no. 2 again filed an application under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (in short, 'the act'), claiming following relief:-'(i) that the shape of his abadi plot be made rectangular.(ii) that he should be given area under his garden equivalent to his ..... observed that an additional director of consolidations, exercising powers of the government under section 42 of the act, was not empowered to review his earlier orders passed on merits, even though ..... established law, authorities, exercising powers under section 42 of the act, are quasi judicial in nature and have no power to review. it has been so held by a full bench of this court in deep chand and anr. v. additional director, consolidation of holdings, punjab jullundur, and anr., (1964)66 the punjab law reporter 318.12. in that case, it was ..... with regard to an order made under section 42 of the act. in the absence of any such express power, it is manifest that the director, consolidation of holdings, cannot review his previous order of 3rd april, 1958 dismissing the application of harbhajan singh under section 42 of the act. it follows therefore that the order of the director dated 29th .....

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Apr 28 2004 (HC)

Gram Panchayat of Village Issi Vs. Director, Consolidation of Holdings ...

Court : Punjab and Haryana

Reported in : (2004)138PLR753

..... (for short, 'the act') for making good the alleged deficiency to the extent of one rupee and eight annas by making the follow- ing averments ..... respondent nos.2 and 3, who had participated in the consolidated proceedings, did not raise any objection or questioned the scheme till they filed a petition in 1982 under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 ..... 1. this petition is directed against orders dated 1.10.1982 (annexure p4) passed by additional director, consolidation of holdings punjab and 23.11.1984 (annexure p12) passed by director, consolidation of holdings, punjab (respondent no.l).2. the facts:-the consolidation scheme of village issi, tehsil dhuri, district sangrur was pre- pared, published and finalised in 1956. ..... of the petition filed by it under section 42 of the act, an application dated 23. i 1,1984 (annexure pll) was also filed on behalf of the petitioner for summoning the file of the case decided by additional director, consolidation of holdings, punjab. however, without considering the averments contained in the petition filed .....

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Jul 06 2005 (HC)

Jangir Singh Vs. Additional Director, Consolidation of Holdings and or ...

Court : Punjab and Haryana

Reported in : (2005)141PLR747

..... ' was irregular. the then additional director consolidation (respondent no. 1) vide order dated 8.9.1982 allowed that ..... minor changes in area allotted to them by the consolidation officer, vide order dated 24.9.1981 (annexure p/2). respondents, were still not satisfied, filed petition before the director, consolidation under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (in short, 'the act'). it was primary grouse that shape of their 'tak ..... petition and virtually reversed the order passed by the consolidation officer, by allotting the entire land, which was allotted to the petitioner by the consolidation ..... for the petitioner, has vehemently contended that while passing order annexure p/3 and reversing allotment of land made to the petitioner by the consolidation officer, respondent no. 1 has not given any reason whatsoever. perusal of the order indicates that the argument raised is perfectly justified. it .....

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Jun 11 2007 (HC)

Beg Ram Vs. Financial Commissioner and ors.

Court : Delhi

Reported in : (2008)149PLR42

..... allowing the revision petitions, being cases nos. 293-294/1984-ca, filed by the gaon sabha dera mandi, respondent no. 2 herein, under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 ('holdings act'). by the impugned order, the financial commissioner set aside the orders dated 11.1.1982 and 20.3.1982 passed by the ..... consolidation officer allotting certain lands in favor of the petitioner.2. the consolidation proceedings in village dera mandi commenced in the year 1974 and concluded on 21.7.1984. according to the petitioner, when the consolidation proceedings ..... proceedings have been vitiated by unlawful consideration).11. the words 'at any time' occurring in section 42 of the holdings act has been held by this court in suraj mal (supra) mean 'any time during the pendency of the consolidation proceedings.' that being the position, the learned counsel for the petitioner is right in contending that the financial commissioner could ..... .7.1984 the final verification took place of the khatauni papers and with that the consolidation scheme stood finalized.4. after the conclusion of the scheme of consolidation, the gaon sabha on 29.9.1984 filed revision petitions under section 42 of the holdings act stating that the land could not have been taken away from the gaon sabha and .....

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Sep 01 1999 (HC)

Amar Singh (Died) Through His Lrs. and ors. Vs. the Director, Consolid ...

Court : Punjab and Haryana

Reported in : (2000)124PLR82

..... 4 was not satisfied with the major portion allotted to him and therefore, filed a petition under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, (in short the act) before the additional director, consolidation of holdings, and claimed that he be given chahi land in square no. 2, 3, 4, 5 50/24 and 25. ..... and 4 and allotted area falling in killa no. 6/5/2 and 1/25/2 to respondents 3 and 4. in my view, the director consolidation, namely, respondent no. 1 committed a gross illegality in reviewing earlier order dated 12.5.1977. as noticed earlier, vide order dated 12.5. ..... kotha along with the pipe, then no action be taken in that regard. petition under section 42 of the act was thus, rejected except the direction in regard to tubewell. on remand, the consolidation officer inspected the site on 8.4.1987 in the presence of the parties and their statements were also ..... 2.3. respondent no. 3 and 4 still filed a petition under section 42 of the act and notice of the same was given to the writ petitioners who brought to the notice of the director consolidation that the matter between the parties has already become final and no further directions are required ..... order, annexure p-3, passed by the director, consolidation of holdings, haryana, vide which land has been taken away from the area of the petitioners and given to respondents 3 and 4.2. in brief, the facts are that as a result of consolidation in the village, a major area belonging to the .....

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Jan 08 2003 (SC)

Mange Ram Vs. Financial Commissioner and ors.

Court : Supreme Court of India

Reported in : AIR2003SC807; 2003(1)AWC667(SC); JT2003(1)SC135; 2003(1)SCALE66; (2003)2SCC1

..... in village sanoth was prepared and confirmed in the year 1975-76 under sections 19 and 20 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (hereinafter referred to as the 'act'). the respondents admittedly owned and possessed lands in the said village. the appellant claimed that his predecessor had trespassed on a portion of the land belonging to the respondents ..... of the appellant was rejected. this argument is again misplaced as it is factually not correct. in that other case of chander etc., they had been allotted land in the consolidation proceedings. delivery of possession was held up because of legal proceedings involving that very case. thus, the facts of the two cases are entirely different.5. looking from another ..... appellant cannot succeed.3. secondly, this appeal must fail on account of long delay and laches on the part of the appellant in approaching the authorities for relief. the consolidation proceedings in the village admittedly concluded in the year 1982. the appellant himself relies on a list dated 3rd july, 1982 for purposes of basing his claim to a piece ..... appellant made an application on 16th february, 1993 for being put in possession of the 5 biswas of land to which he claimed to be entitled to an encumbrancer. the consolidation officer however dismissed the application of the appellant vide order dated 10th november, 1993. the financial commissioner dismissed the revision petition against the said order on 4th march, 1994. .....

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Aug 08 1977 (SC)

Padam Nabh Singh and ors. Vs. State of Punjab and ors.

Court : Supreme Court of India

Reported in : AIR1977SC2001; (1977)79PLR715; (1977)4SCC1; 1977(9)LC483(SC)

..... to as the act, declaring its intention for the preparation of a scheme of consolidation of holdings for the better cultivation of village tripari. the additional director, consolidation of holdings, issued an order on october 15, 1973, reserving same land for the purpose ..... of the punjab and haryana high court dated november 27, 1975, upholding the dismissal of their writ petition. the fact leading upto the controversy in this court are quite simple, and may be shortly stated. 2. a notification was issued by the state government on november 24, 1972, under section 14 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, hereinafter referred ..... for which land has been reserved by the order of the additional director of consolidation dated october 15, 1973 will be 'a source of great convenience and benefit to the villagers' the high court has stated that the road in question will not ..... petition, so that there is no real basis for raising the new argument in this court. the high court has noticed the definition of 'common purpose' in the act, which includes any purpose in relation to any common need, convenience or benefit of the village in respect of 'village roads'. it has held that the proposed road .....

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