BALWINDER SINGH Vs. DIRECTOR LAND RECORD

JUDGEMENT

(1.) THIS order shall dispose of C.W.P. Nos. 16269 of 2006 and 1235 of 2007 which have been filed by the petitioner with regard to the same property.

(2.) IN this case, vide order dated 29.5.1962, passed by the Settlement Officer, Consolidation of Holdings, a two karms path was carved out for ingress and outgress of respondents Nos. 3 to 5. For carving out of the said path, 13 marlas land of Ujjagar Singh, father of the petitioner was taken away. Ujagar Singh remained alive up to 1991 but he did not challenge the said order. After his death, the petitioner filed an appeal against the said order under Sections 21(4) and (6) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Act') before the Additional Director, Consolidation. The said appeal was dismissed on 18.11.2005 while observing as under :

(3.) AS far as the first writ petition i.e. C.W.P. No. 16269 of 2006 is concerned, counsel for the petitioner could not point out any illegality in the impugned orders passed by the Assistant Director, Consolidation as well as the Director, Consolidation because the father of the petitioner never filed any appeal against the order dated 29.5.1962 passed by the Settlement Officer, Consolidation of Holdings and the appeal filed by the petitioner after more than 43 years was rightly dismissed.