KAMLESH Vs. COLLECTOR, PANIPAT & OTHERS

JUDGEMENT

(1.) The controversy in this case is whether there exists a public street in Plot No.421 within the Abadi Deh of village Jalmana, Tehsil Bapoli, District Panipat

(2.) A reference to the photostat copy of Aks-Shijra (P-6) may be relevant. While the petitioner/her husband is owner of Plot No.420, the brother of her husband is stated to be owner of Plot No.419. The undisputed public street has been shown in red colour which reaches upto Plot No.419. Land adjoining Plot No.421 is owned by private respondents. A part of that plot shown in blue colour is claimed to be a 'street' by the petitioner, which is alleged to have been encroached upon by the respondents. As against it, respondents have refuted the allegations as according to them, there is no street in Plot No.421.

(3.) The genesis of the Lis is, thus, a disputed question of fact which has been answered by the authorities under the Punjab Village Common Lands (Regulation) Act, 1961 (for short, '1961 Act') against the petitioner but not on merit, rather on technical grounds like resjudicata etc. The case of authorities; the Gram Panchayat as well as the private respondents appears to be that the petitioner/her husband were required to have access to their plot via the street (red colour) through Plot No.419 owned by their family but some stairs have been constructed by the brother of petitioner's husband due to which she/her husband started claiming the alternative street shown in blue colour.