SANDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226/227 of the Constitution of India seeking quashing of impugned letter dated 31.08.2020 (Annexure P-8) issued by respondent No.3, restraining the petitioner from raising construction in the land in question.

(2.) The case of the petitioner as pleaded in the petition is that there was no passage to his land. On this, the petitioner approached the Director, Land Records, Punjab under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Act'). The aforesaid authority sent the matter to District Revenue Officer-cum-Consolidation Officer to ascertain whether there is any proper passage to the land of the petitioner. Pursuant to that, Consolidation Officer, Jalandhar, vide letter dated 21.05.2013 sought report from Tehsildar Phillaur. On which, the said Revenue Officer gave his report dated 20.06.2013 (Annexure P-4) to the fact that there was no passage to the land of the petitioner. The authorities also took the approval of the department and the Consolidation Officer himself inspected the spot on 06.12.2013. Finally, the Consolidation Officer, Jalandhar passed order dated 17.02.2014 (Annexure P-7), in accordance with law, whereby passage was provided to the land of the petitioner and in lieu of the area of said passage, the petitioner gave some of his land to Gram Panchayat of the village. No one challenged the said order. Now, respondent No.3 issued impugned letter dated 31.08.2020 (Annexure P-8) to the petitioner directing him to stop raising construction in the land in question. The said letter is totally illegal being contrary to the order dated 17.02.2014 (Annexure P-7).

(3.) We have heard learned counsel for the petitioner and gone through the record.