1987 PLP 818 (CLC)

Length Length of of Karam Gatha Remarks ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑

Bigha Measure Inches Inches (1) Delhi Gurgaon, Rohtak, Ludhiana, Panipat (Karnal) ‑‑‑ 99 (2) Ambala, Karnal *57 *The exact length (except Panipat). ‑‑‑ is 57.157

Learned counsel has also referred to para. 4.43 of the Land Records Manual which is reproduced hereuner:‑ "4.43. Further variations.‑‑ The Bigha derived from the 99 inch Gatha is known as the Pakka (or Shahjahani) Bigha. It is exactly three times the size of the Zamindar's of Kacha Bigha, for which the linear unit of 57.125 inch Karam was devised. The Pakka Bigha is 5/8ths and the ordinary Katcha Bigha 5/24ths of an acre. For the revenue records Katcha Bighas are shown. In the district in which the Ghumao measure is used Bigha often means half a Ghumao."

6. Relying on the afore referred record viz. ready‑reckoner (Jantri) and the provisions of the Land Records Manual, it is contended by the learned counsel that the measure of the land abandoned by the petitioners in Tehsil Panipat was Pdcca Bigha; their entitlement as worked out by the authorities in the first instance was correct and they were entitled to the allotment as against their outstanding units. Learned counsel has also produced an uncertified copy of the judgment of this Court dated 10‑3‑1975 passed in Writ Petition No. 15/R of 1974, wherein it was oberved "I have been shown the Jantri according to which the, lands of Panipat can be measured according to Pacca Bigha and not Katcha Bigha."

7. Learned counsel appearing for the Settlement Department has: not been able to controvert the submissions made by the learned counsel for the petitioners. He has rather frankly submitted that the Central Record Office while submitting the report does not appear to have referred to the ready‑reckoner (Jantri) published by the Government in the year 1959 according to which land in village Panipat was to be measured as Pacca Bigha.

8. In view of the foregoing discussion, I find considerable force in the submissions made by the learned counsel for the petitioners. It is accordingly held that the entitlement of the petitioners for their lands in village Urlana Kalan, Tehsil Panipat was rightly worked out on the basis of 'Pacca Bigha' and, as such, notwithstanding the allotments obtained by them in village Maulapur, Tehsil Kabirwala, they would be entitled to the allotments in the two villages of D . G .Khan to which their certificates of pending units were sent. In this view of the matter impugned orders passed by the A.C., D.G.Khan are set aside and the case is sent back to the learned Member (Settlement and Rehabilitation) Board of Revenue, Punjab/Chief Settlement Commissioner with the direction that the case of the petitioners for allotment of lands in village Kala and Jhakhar Imam Shah, District D.G.Khan, against their pending units be decided afresh according to law and in the light of what has been held above. Learned Member (S&R)/CSC may decide the case himself or entrust it to the concerned notified officer for passing appropriate orders. With these observations, both the writ petitions are allowed but with no order as to costs. H.B.T./N‑1/L Petition allowed.