BANARSI DASS Vs. DIRECTOR

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, an order of the Director Consolidation of Holdings, Haryana, Chandigarh, dated February 21, 1994 passed under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter called the Act) vide which the case has been remanded to the Consolidation Officer, Karnal, with the direction that a shortest path be provided to the petitioner (respondent No. 3 in this petition), has been challenged.

(2.) Briefly stated the facts as narrated in the petition are that the consolidation proceedings took place in Village Jarodi, Tehsil Jagadhri, District Yamunanagar during the year 1992-93 (1962-63 ). As per the provisions of the Scheme of Consolidation, paths were provided to Taks (Holdings) of the right-holders. Kishori Saran, right-holder in the village was provided paths on three sides inasmuch as on one side was metalled road 66' wide and two paths (Rasta) 11' (2gathas) wide on two sides. His Tak was, thus, approachable from all the three sides. His land is shown as green in the Sketch Plan attached as Annexure P-1 with the petition and the paths are shown in black colour.

(3.) One Garibu was cultivating the land as a tenant under aforesaid Kishori Saran (hereinafter referred to as the original owner). Garibu purchased the land under his tenancy from Kishori Saran. Upon the death of Garibu, the land was inherited by is sons, Rakhu Ram and Puran Chand in equal shares. The land in dispute in this case is 1/2 share of the land measuring 52 Kanals in all.