JAGDISH Vs. DIRECTOR CONSOLIDATION HARYANA

JUDGEMENT

(1.) THIS petition has been filed for issuance of writ in the nature of certiorari quashing order dated 03.02.2009 (Annexure P-5), passed by the Director Consolidation, Haryana.

(2.) IT appears that the respondents No.2 to 4 filed an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short, 'the Act') asking the authorities to provide a path to connect their land detailed in site plan (Annexure P-1). Vide impugned order, land has been provided for path after noticing that during consolidation in the village in the year 1957-58, the scheme did not provide a path to connect the land of the respondents. IT has also been noticed that the respondents have been using a path for ingress and egress in an arrangement and, therefore, the same land be converted into a path.

(3.) ON the second count learned counsel contends that the land given by respondents No.2 to 4 in lieu of land consumed for carving out the path is under mortgage.