High Court of Punjab and Haryana, Chandigarh
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Harbhajan Singh & Ors v. Director Land Record Punjab & Ors - CWP-11206-2005  RD-P&H 5307 (7 August 2006)
C.W.P. No. 11206 of 2005
Date of Decision: Aug. 17,2006
Harbhajan Singh and others .................................... Petitioners Versus
Director Land Record Punjab and others ...................... Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mrs. Justice Nirmal Yadav
Present: Mr. Dharam Pal, Advocate
for the petitioners.
Mr. C.M. Munjal, Sr. Addl. A.G. Punjab,
for respondent No.1.
Mr. Jatinder Singla, Advocate
for respondent Nos. 2 to 5.
ASHUTOSH MOHUNTA, J. (Oral)
The petitioners have prayed for the issuance of a writ in the nature of Certiorari for quashing order-Annexure P9 passed by the Director Land Record Punjab by which the petition under Section 42 of the Consolidation Act has been dismissed.
A perusal of the impugned order shows that the allegations of the petitioners were that respondent Nos. 2 to 5 have encroached upon the land leading to the Dharamshala in the village. However, the findings as recorded by the Director Land Record shows that respondent Nos. 2 to 5 have not made any encroachments on the said land.
In this view of the matter, the finding of fact arrived at by respondent No.1 cannot be interfered with. The petitioners may resort to their remedy before the civil Court, if so desired.
( ASHUTOSH MOHUNTA )
17.8.2006 ( NIRMAL YADAV )
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