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2024 (2) TMI 1398

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....r concerned, through the latter making Annexure P-11, besides when the contempt petition also arises from the orders passed in writ petitions (supra), therefore all the (supra), petitions are amenable to be decided through a common verdict. 2. For the sake of brevity, the facts are taken from CWP12493-2006. FACTS 3. It is pleaded in the writ petition, that the suit lands in the jamabandis respectively enclosed with the writ petition, as Annexure P-1 to P-3, and, which appertain respectively to the years 1907-08, 1938-39 and 1945-46, thus in the column of ownership thereof, rather being stated to become owned by Shamlat Deh Hasab Hissa Malkiat and, with the column of cultivation thereof, making speakings qua an entry of Makbooja Maalkan thus existing therein. Therefore, it is contended that the disputed lands were Bachat Lands, and/or, were reserved after pro rata cuts, being made from the lawful estates of the present petitioners, thus thereby the petitioners claim that they are entitled to re-partition and redistribution thereofs to them, and/or, that they be declared lawful owners in possession of the disputed lands. 4. That the interpretation made by the Assistant Collector....

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....e column of cultivation in the jamabandis (supra). 9. The consequent thereto argument as raised before this Court by the learned counsel for the petitioners, is that, irrespective of any references, as, occur in the Sharat Wajib ul Arz, as, appertaining to the year 1939-40, and, which become alluded in the impugned annexures, and, which make speakings, that the disputed lands are used as pastures, for collecting fuels for domestic use and for collecting stones for construction of houses, thus by all the inhabitants of the village proprietary body, rather they yet become denuded of their worth, but from the above revenue entries, as occur respectively in the ownership and in the cultivation column of the jamabandis (supra). Moreover, as above stated, the learned counsel for the petitioners, has also submitted that the disputed lands were Bachat Lands or were reserved as such, during consolidation operations, but only on a pro rata cut being made from the legitimate holdings of the petitioners, thereby the petitioners are entitled to re-partitioning and redistribution of the disputed lands to them. 10. In short, the learned counsel for the petitioners, has strived to, on the basis ....

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....to collect therefrom, stones for constructing their houses, to collect woods for domestic purpose, and, to make such other common users thereof, as detailed in the Sharat Wajib ul Arz. 13. If so, the further corollary thereof, is that, the petitioners did acquiesce to the validity of the said reference as made vis-a-vis the disputed lands, thus in the Sharat Wajib ul Arz, resultantly therebys the petitioners become estopped to make any challenge to the said entries before this Court. In sequel, the petitioners concede that the disputed lands became used for the village common purposes (supra), besides they also concede that the disputed lands were but obviously Shamlat Deh lands, whereons no exclusivity of right, title or interest is amenable to become conferred upon them. 14. Now assuming that an entry of Shamlat Deh Hasab Rasab Khewat does exist in the jamabandis (supra), and, also an entry exists in the cultivation column thereof, hence manifesting that the Makbooja Malkan are holding cultivation of the disputed lands. Moreover, also assuming that therebys the present petitioners, if they were in proportion to their share in the Shamlat Deh Hasab Rasab Khewat, rather were hold....

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.... ex facie the import of the classification (supra), assigned to the disputed lands, is that, they are uncultivable, thereby the petitioners who otherwise have also not brought forth any evidence suggestive that they earlier had or as of now rather made them cultivable, thus through theirs adducing the relevant Khasra Girdawaris, thereupon the disputed lands with the above classifications, are evidently untillable or uncultivable. Resultantly, they were but used for the village common purposes, as detailed in the Sharat Wajib ul Arz. Consequently, they are Shamlat Deh lands, and, thereons no vestige of absolute right, title of interest can become endowed vis-a-vis the petitioners. 18. In sequel, the present petitioners cannot claim that they had at any time made them exclusively cultivable for their benefit, and, to the deprivation of the other members of the village proprietary body. 19. Contrarily it has to be concluded that the references (supra), as occur in the Sharat Wajib ul Arz, which became depended upon by the makers of the impugned annexures, rather were amenable to become well depended upon. 20. If it be so, the assignings respectively in the column of ownership, and,....