ISHAR SINGH Vs. THE ADDITIONAL DIRECTOR, CONSOLIDATION OF HOLDINGS, PUNJAB, CHANDIGARH AT S.A.S. NAGAR, MOHALI AND ANOTHER

JUDGEMENT

(1.) The petitioner impugns an order dated -30.05.1988, passed by the Additional Director, Consolidation of Holdings, Punjab.

(2.) The dispute in the present case, falls within a narrow compass namely: whether the Additional Director, Consolidation has any jurisdiction to delete a pan provided during consolidation proceedings on the basis of an alleged agreement particularly when a civil court has already issued an injunction with respect to the path and the agreement pressed into service was never pleaded before the civil court

(3.) Counsel for the petitioner submits that consolidation proceedings concluded in the year 1961-62. Gurmukh Singh and Kapoora Singh were allotted path No. 894 for their use as also for use by other right-holders of the village. In the year 1985, respondent No. 2 encroached upon this path and obstructed the petitioner from using the path. The petitioner and one Gaila Singh filed a suit for mandatory, injunction. Respondent No. 2 raised a plea that the path is not in use and he has been cultivating the path for the last 23 years. Vide judgment and decree dated 04.10.1987, the Additional Senior Sub Judge, Bathinda, decreed the suit and directed respondent No. 2 to remove the encroachments from the disputed path. Respondent No. 2 filed an appeal which was dismissed. A Regular Second Appeal No. 3406 of 1987 was dismissed on 16.12.1987. Respondent No. 2 thereafter filed a petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act) before the Additional Director Consolidation of Holdings, Punjab on the ground that Gurmukh Singh and Kapoora Singh had entered into a compromise and accepted Rs. 500/- each thereby waiving their right to the said path. The Additional Director Consolidation accepted the petition and altered the path.