GURSHARAN SINGH SANDHU Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) Consolidation of holdings in the petitioner's village took place sometime in the year 1950-51. Some area including Khasra No. 649 belonging to the petitioner and Khasra No. 647 belonging to respondent Bachan Singh was kept as reserved area for further extension of the abadi in future. It was further provided in the consolidation scheme that in the reserve area no passage will be given and the existing paths will not be changed.

(2.) Respondent Bachan Singh moved an application under Sec. 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation Act, 1948, that there was no passage provided to Khasra No. 647 owned by him and requested the Director Consolidation that if need be the scheme be amended to provide passage for the proper use of land comprised in Khasra No. 647.

(3.) The learned Additional Director, Consolidation of Holdings, vide order dated 9.2.1989 (Annexure P-3), remanded the case to the Consolidation Officer with a direction that a two Karams wide Path to the Tak in Khasra No. 647 be given from some convenient end as short as possible by sorting out the Rasta from out of the southern side of Khasra No.640 (which belongs to one Nikka Singh) and in case it is not possible and not feasible then a Rasta from the other side through Khasra No.649 be provided. The learned Additional Director held that to that extent the scheme of the village be considered to stand amended. It is this order of the Additional Director that has been challenged by the petitioner, in this writ petition.