NIRANJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition is filed for quashing the order of Additional Director, Consolidation of Holdings, Punjab Jullunder passed Under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentations) Act, 1948 (for short the 'Act') on 9.12.1980.

(2.) RESPONDENTS 3 to 6 filed an application before the Additional Director, Pun- jab, Jullunder alleging that there was a passage in killa No. 21 of Rectable No. 30 and they have been using the same, but it is not shown in the record. The petitioner, who is the owner of Rect. No. 30 objected to carving out a passage from Killa No. 21 and 22/1 of Rect. No. 30 on the ground that the said land has been allotted to him during the consolidation proceedings that took place in the year 1960 and the application by respondents No. 34o 6 has filed in the year 1979 i.e. nearly 18 years after the finalisation of the consolidation proceedings and therefore the Additional Director, Consolidation of Holdings Punjab has no power Under Section 42 of the Act to carve out a passage from his holdings by the impugned order that a passage should be provided at the missing place by remanding the case to the Consolidation Officer.

(3.) THERE is no dispute on the point that consolidation proceedings have become final in the year 1960 and respondent No. 3 to 6 filed an application for carving out a passage in the year 1979 i.e. nearly 20 years after the finalisation of the consolidation proceedings. I am of the view that Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948 has no application to the facts of the present case. The respondents No. 3 to 6 are claiming a right of passage across the land of the petitioner and the remedy availed to the respondent 3 to 6 who are said to have been using the passage, is to file a civil suit on the basis of easementary right if any, they have acquired. Once the consolidation scheme has been framed and implemented any change in the same cannot be made Under Section 42 of the Act.