BAWA SINGH Vs. D S MULTANI

JUDGEMENT

(1.) the petitioners are aggrieved against the order of the Additional Director, Consolidation of Holding, Punjab, Chandigarh, who vide his order dated 27th December, 1979 on an application filed by respondent No. 2 provided a path which was to pass through the land of the petitioner. The case of the petitioner is the respondent No. 2 Smt. Bishan Kaur filed a petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act), on 15-12-1978, against the repartition under Section 21(1) ordered on 30-5-1959 on the ground that a path be provided to her holdings (quarrah) which was not done by the Consolidation Authorities.

(2.) According to the petitioner's learned counsel, Smt. Bishan Kaur was allotted land in lieu of Gallantry Award given to her son on account of his death in the war and as such, she was not a landowner/co-sharer or having any holding on 30-5-1959 when repartition under Section 21(1) in the village was made.

(3.) The counsel has invited my attention to Annexure P-1 to this writ petition wherein the petitioner' lands have been demarcated with Green Colour and Blue Colour respectively on the Shajra Akash and the holding of respondent No. 2 Bishan Kaur is marked with Yellow Colour on the Shajra Akash and that of her husband Tara Singh etc. holding adjoin to the qurrah.