GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have field this writ petition with a prayer to issue a writ in the nature of Certiorari to quash order Annexure P/2, dated 17.1.1985, whereby respondent No. 1 has granted passage, to the land of respondent No. 2.

(2.) PRIMARY argument of the counsel for the petitioner is that once at the time of consolidation proceedings passage was allotted to the original owner, from whom the respondent No. 2 had purchased the land subsequently, he was not entitled to a separate passage for the land, purchased by him. In para 1 of the writ petition, it has been specifically stated that initially at the time of consolidation proceedings, land measuring 104 Kanals 14 Marlas, which was shown encircled with blue line, was allotted to Dalip Singh, Ajit Singh and Gurnam Singh. Though the said land was situated along the passage, still passage 'BD' was provided up to Khasra No. 102, where the well was situated. It has further been stated that respondent No. 2 had purchased 44 Kanals of land out of the said big tak in the year 1974 (land purchased by respondent No. 2 is shown encircled with red line in the site plan, Annexure P/1). Contents of para 1 of the writ petition have been admitted in reply, being a matter of record. In reply to para 3 of the reply, it has further been admitted that the land was purchased by respondent No. 2 in the year 1974.

(3.) COUNSEL for the petitioners has relied on the ratio of judgment in Banarsi Dass and others v. Director, Consolidation of Holdings, Haryana and others, 1995(3) RRR 357 (P&H) : 1995 PLJ 314, wherein this Court held as under :-