LAWS(P&H)-1995-5-45

JASWANT SINGH Vs. STATE OF PUNJAB

Decided On May 12, 1995
JASWANT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS Writ Petition is filed for issuance of a writ of Certiorari to quash the orders of the Additional Director, Consolidation of Holdings, Jalandhar, dated October 8, 1980.

(2.) THE petitioner filed an application under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act) for correction of the entries in the revenue records. According to the petitioner, Khasra No. 2014 as recorded in the revenue records, was a gair mumkin rasta and during the consolidation proceedings, Khasra No. 332 measuring 1 kanal 13 marlas was carved out of old Khasra No. 2014 and it was shown as barani in the consolidation proceedings. His further case is that new Khasra No. 332 is continued to be used as a path. Therefore, the necessary changes in the revenue records be effected. The Additional Director, Consolidation of Holdings, Jalandhar, by his order dated June 6, 1978, directed the Consolidation Officer to hear both the parties afresh and see if old field No. 2014 was to be reserved as path in accordance with the provisions of the Consolidation Scheme and, if so, he should make necessary correction in the record and make other adjustments also in order to make -up the deficiency of the respondent, if any, which would be caused to them after taking out the path from their due area.

(3.) I have heard the learned counsel for the petitioner and the learned A.A.G., Punjab and perused the record.