BISHAMBER DEV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a writ petition under Articles 226 and 227 of the Constitution of India for issuance of writ certiorari quashing the order of the Governor of Punjab conveyed to the Municipal Committee vide endorsement No. 9808-6-75/29524 dated 10th September, 1975, copy of which is attached as Annexure P.10 to the petition.

(2.) Briefly stated that the facts of the case are that Bishamber Dev petitioner is an Advocate and a permanent resident of Ludhiana. At present he is practising as an Advocate at Hansi in the District of Hissar, State of Haryana. He is the owner of a residential house bearing Municipal No. B-1-S- 9/391 (old No. being B-1-174) and situate on Mazhar Hussain Road in Civil Lines area at Ludhiana. He had inherited this property from his father Sain Ditta Ram, Advocate. After the latter's death the petitioner is entitled to the property having been confirmed by a decree passed by Shri M.S. Lobana, the then Sub Judge 1st Class, Ludhiana in Civil Suit No. 173 of 1968 by his judgment and decree dated April 24, 1968.

(3.) Towards the North-East of the above-said residential house of the petitioner, there is a passage which connects the open space court-yard in front of the built portion of the house from and to the main road known as Mazhar-Hussain Road. The passage and the court-yard as also the house are owned by the petitioner. In fact the said house inclusive of the private passage meant only for connecting the petitioner's house with the main Mazhar-Hussain Road and for his user alone and the court-yard abovesaid was transferred to the petitioner's late father by the President of India through the District Rent and Managing Officer and a Sanad was duly issued in that behalf. The private passage and the court-yard thus forms part of the petitioner's residential house. The petitioner, therefore, has a right to prevent any other person from using the said private passage and the courtyard in any manner, at all hours and at his sweet will and option.