SURESH KUMAR AND ORS Vs. COMMISSIONER HISAR DIVISION

JUDGEMENT

(1.) The petitioners pray for issuance of writ of certiorari quashing order dated 16.5.2006, whereby, the Director Consolidation has provided a path to respondents No.2 to 5.

(2.) Counsel for the petitioners submits that Tej Singh was owner of the land in dispute to the extent of half share and the petitioners are his children and wife. The private respondents filed an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as "the 1948 Act") for providing a path to their land, without impleading the petitioners. The impugned order, passed without any notice to the petitioners, has adversely affected their rights as co-sharers and may, therefore, be set aside.

(3.) Reply filed on behalf of respondents No.3 & 4 in the Court, today, is taken on record.