BANT SINGH Vs. DIRECTOR LAND RECORDS

JUDGEMENT

(1.) After the finalization of the consolidation proceedings in the mohal concerned, though rasta/path was reserved for the exercising thereons of easementary rights by the land owners concerned, but the petitioners became yet aggrieved, owing to the factum that the said rasta/path rather not providing the relevant access to the petitioners. The said claim was founded qua the reserved rasta/path being used by them being very small, in size, and, that there being an interruption caused by trees and plants inter-se the earmarked path, to the fields of the petitioner. Further, the access to their agricultural land through the said rasta/path was claimed to be not straight and the petitioners being led to cross a Khal through a temporary constructed way.

(2.) Therefore, to facilitate the exercising of easementary rights at the instance of the aggrieved, the son of petitioner no. 1 and petitioner no. 2, made a prayer that at the relevant place after increasing the appositely assigned karams from 1-5 to 1-15, the apposite corrections be made in the revenue records. The above prayer was ventilated through theirs rearing a petition under Sec. 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation Act, 1948 (hereinafter for short call 'the Act'), before the learned Director Land Records, Punjab, Jalandhar, petition whereof is appended as Annexure P-2 to the instant petition. Order on the petition, as carried in Annexure P-2.

(3.) After considering the entire records, through an order, as carried in Annexure P-4, the learned Director Land Records, Punjab, made an order of remand of the lis to the District Revenue Officer-cum-Consolidation Officer but with a direction that the parties concerned, be heard, spot inspection be done, and, the records be looked into, and, as the passage is existing at the spot, hence the same way be kept intact in the record. Furthermore, a direction was given that in case the proposed correction causes any harm/loss to anyone, then the aggrieved shall be given an opportunity of hearing, at his own level. Verdict of the Remandee Court