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Judgment
VIKAS BAHL, J. (ORAL)
In the head note of the petition, following prayers have been made:-
“Civil Writ Petition under Article 226 of the Constitution of India for issuance of a Writ in the nature of mandamus directing the respondents no. 3 to 6 to follow and finalize the approved Scheme of Consolidation dated 16.01.2021 (Annexure P-1) for the purpose of consolidation in village Mai Kalan, Tehsil and District Charkhi Dadri as the Scheme has been blatantly violated by the consolidation officials and others as lal dora boundaries of the village have been altered without the consent and approval of the concerned Block Development Panchayat Officer (BDPO) which is in violation of clause 7(i) of the Scheme, non-occupant/tenants are made the owners and in some cases the land belonging to non-occupant/tenants have been given to owners, moreover, multiple persons than the actual owners, have been allotted the same piece of land/house, paths/access to houses/lands have not been carved out as per the Scheme and the lands where tubewells were installed, have been allotted to some other persons than original owners in the village; furthermore, multiple co-sharers (around 200 persons) have been allotted same piece of land (around 300 square yards) and several other violations as detailed in the main body of the present Writ petition in paras no.10 to 30 which is in violation of clause 10 (ii), 8(ii), 8(ix), 9(i) and several other provisions of the Consolidation Scheme; furthermore, the record of consolidation was made available to the petitioners at a later stage, thus, disentitling them to file objections within limitation which is violative of the provisions of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 and the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, thereby rendering the entire consolidation exercise arbitrary, illegal, mala fide in law, non-est, violative of the principles of natural justice and in gross infringement of the petitioners' fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India, in the interest of justice;
AND Issuance of a Writ in the nature of mandamus directing the respondents to forthwith stay, suspend and restrain the finalization, implementation and further continuation of the impugned consolidation proceedings, including the giving effect to the impugned Consolidation Scheme dated 16.01.2021 (Annexure P-1), during the pendency of the present Writ petition, so as to prevent irreversible prejudice and creation of third-party rights, in the interest of justice;
AND Issuance of a Writ in the nature of mandamus to call for original record of consolidation proceedings before this Hon'ble Court, in the interest of justice;
AND Issuance of a Writ in the nature of mandamus to constitute any independent agency/Special Investigation Team (SIT) so as to inquire into the illegalities as well as irregularities committed by the respondents no.3 to 6 for favours granted to some persons/family members of respondent no. 8 of the village intentionally with extraneous consideration during the consolidation proceedings, in the interest of justice;
AND Issuance of a Writ in the nature of mandamus directing the respondent no. 4 to accept and hear the application by the petitioners dated 25.05.2026 submitted to Deputy Commissioner (Annexure P-16) under Section 42 of East Punjab Holdings (Consolidation and prevention of Fragmentation) Act, 1948 as the application was filed and the same bears the stamp of office of respondent no. 4, but respondent no. 4 has neither accepted the same nor give any finding on it; in the interest of justice;
AND/OR Any other order or direction, which this Hon'ble Court may deem fit and proper in the facts and in the circumstances of the present case, in the interest of justice.”
On 10.09.2026, this Court had passed the following order:-
“Present: Mr. Nitin Verma, Advocate and Mr. Sanjay Kumar, Advocate and Mr. Anurag Mor, Advocate for the petitioners.
Mr. Pradeep Prakash Chahar, Addl. A.G. Haryana.
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Learned counsel for the petitioners has submitted that the petitioners had filed an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 and has made a limited prayer that the Deputy Commissioner, Charkhi Dadri be directed to decide the said application expeditiously in accordance with law. It is submitted that the petitioners had submitted the said application which fact is apparent from the endorsement which is there on the original application, photocopy of which has been annexed at page 239 of the paper book.
Learned counsel for the respondents-State prays for a short adjournment to get instructions in the matter.
Adjourned to 11.09.2026.
To be taken up in the urgent list.
10.09.2026”
Learned counsel for the respondents-State has submitted that although, no application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 has been filed by the petitioners but has very fairly submitted that in case the petitioners file the said application under Section 42 of the Act, same would be considered and decided as expeditiously as possible preferably within a period of four months from the date of filing of the said application.
Learned counsel for the petitioners has submitted that the same satisfies the claim of the petitioners and has further submitted that in view of the same, the present writ petition be disposed of but respondents-State be bound by the statement made before this Court.
Keeping in view the abovesaid facts and circumstances, the present writ petition is disposed of. Respondents-State would be bound by the statement made before this Court.