RAM KUMAR Vs. COMMISSIONER, HISAR DIVISION, HISAR

JUDGEMENT

(1.) This is a petition seeking the quashing of an order dated 13th August, 2019 passed by the Divisional Commissioner, Hisar Division, Hisar rejecting the Petitioner's application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter, 'Act') that a passage should be provided from Khasra No. 154 for ingress and egress from his land in Khasra No. 98.

(2.) The background facts are that the plot in Khasra No. 98 was allotted to the Petitioner's father and uncle at the time of consolidation, which took place nearly 60 years ago. It has been noted in the impugned order dated 13th August, 2019 that according to the consolidation jamabandi for the year 1959-60, the land in Khasra No. 154 is identified as a 'Gairmumkin pond'.

(3.) According to the Petitioner, at present, there is in fact no pond in Khasra No. 154 and he was earlier using the land in Khasra No. 154 to access his plot, which apparently has remained vacant in all these years. When the Gram Panchayat of village Shahidan Wali prevented his access, he approached the authorities stating that he was ready to pay the charges involved in his being given passage through Khasra No. 154.