ZILE SINGH Vs. CHUNNI LAL

JUDGEMENT

(1.) Petitioners, Zile Singh and others have approached this Court under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari so as, to quash order Annexure P-4 dated 15.2.1989 passed by Additional Director, Consolidation, Haryana vide which some amendments were made so as to provide a path to Chuni Lal and others who had filed petition under Section 42 of the Consolidation Act before him. It has been mainly pleaded in the writ petition that during consolidation path No. 227 was provided by the Consolidation Officer for the use of inhabitants of the village. Petitioners are stated to be owners in possession of Plot Nos. 216 and 226 in Khewat No. 36-A and Khatoni No. 60 vide jamabandi for the year 1985-86 of village Dadam. After consolidation, one Neki Ram is stated to have encroached path No. 227 which is included in his house. The petitioners who constructed their house in their own land in path No 216 are stated to be living there for the last 25 years. In the year 1986, Chuni Lal filed a petition to the Director, Consolidation of Holdings asserting there in that he had no pith and being right holder in plot No. 248, he was entitled to the same. It was on the aforesaid application that the order dated 15.4.1989 was passed, which has been impugned in the present writ petition.

(2.) The order aforesaid is sought to be set-aside mainly on the ground that the same has been passed after a period of 28 years of consolidation in the village and that the dispossession of path No. 227 allotted during the consolidation could be effected under the provisions of Punjab Village Common Lands Act as the said land was covered under the definition of Shamlat deh. It has also been pleaded that the impugned order is against the scheme and is a non-speaking order.

(3.) The claim of the petitioners has been resisted by the respondents and it has been averred in the written statement filed on behalf of respondent No. 1 that Neki Ram never made any encroachment on Path No. 227 and in fact the house of Neki Ram was al ready in existence even prior to when consolidation proceedings started in the village. The consolidation authorities carved out path No. 227 during the consolidation proceedings and the inhabitants of village were continuously using the same for a period of 25 years. The problem started, when in the year 1986, petitioners made encroachment on the said path and blocked the same. It is this encroachment on their part which necessitated respondent No. 1 Chuni Lal to file an application before the Consolidation Authorities for providing him a path which was so very necessary for going to his own land. On the application, aforesaid, lower authorities were directed by the Director, Consolidation to inspect the spot and to make a report to find out as to why the path had been blocked and further to give suggestions for restoring the same. In pursuance to the aforesaid orders, the authorities below did visit the spot and after measuring the same submitted their report. Copy of the report aforesaid has been placed on record as Annexure R/1. It is made out from the report that in fact there was some clerical mistake in the record of consolidation when the consolidation proceedings were carried out in the village and the measurements of plots No. 216 and 226 were not according to the measurements entered in the record. Area measuring 2 marlas was left as Bachat area adjacent to plot No. 226 and was not even entered in the revenue records. That being the position, there was no illegality or impropriety in correcting the mistake in the records with respect to plots No. 216 and 226 and path No. 215 and 227 and in providing/restoring path No. 227 for the benefit of the villagers vide Annexure P-4 without taking away any land of the petitioners. It is further pleaded that deficiency of an area measuring 2 marlas of petitioners from plot No. 216 has been made good by allotting similar area in their plot No. 226 from Bachat area, which is just lying adjacent to plot No. 226.