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AJAIB SINGH versus DIRECTOR LAND RECORDS PUNJAB AND

High Court of Punjab and Haryana, Chandigarh

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Ajaib Singh v. Director Land Records Punjab and - CWP-16567-2004 [2006] RD-P&H 5317 (8 August 2006)

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

C.W.P. No. 16567 of 2004

Date of Decision: July 25, 2006

Ajaib Singh .................................................................... Petitioner Versus

Director Land Records Punjab and others ................ Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mrs. Justice Nirmal Yadav

Present: Mr. P.S.Bhangu, Advocate

for the petitioner.

Mr. C.M. Munjal, Sr. Addl. A.G. Punjab

for respondent No.1.

Mr. Randeep Singh, Advocate

for respondent Nos. 2 to 4.

.....

ASHUTOSH MOHUNTA, J. (Oral)

The petitioner filed a petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Pregmentation) Act, 1948 before the Director Land Records Punjab wherein he prayed that as there is no path to his land, therefore, he be given a path through Khasra No.25/17. The Director Land Records vide order dated 3.9.2004 held that the petitioner cannot be granted any path through the aforementioned Khasra number as Guga Marri is situated in this Khasra number and by providing path to the petitioner through this Khasra number may hurt the religious feelings of various persons. The petitioner in the alternative prayed that if it is not possible to provide him path through Khasra Number 25/17 then he be provided a path from Khasra Nos. 25/14/2, 25/26 and 25/24.

However, the competent authority has held that the petitioner is not ready and willing to take path from any other khasra number. Learned counsel for the petitioner contends that it is contrary to the fact as the petitioner is ready and willing to take path from any khasra number.

[ 2 ]

C.W.P. No. 16567 of 2004

A perusal of the order itself shows that the petitioner is ready and willing to accept the path through any of the khasra numbers mentioned above.

In view of the above, we set aside the impugned order (Annexure P-6) and remand the case back to the Director Land Records Punjab to consider the viability of providing a path to the fields of the petitioner. The parties shall appear before the Director Land Records Punjab on 28.8.2006.

Disposed of accordingly.

( ASHUTOSH MOHUNTA )

JUDGE

25.7.2006 ( NIRMAL YADAV )

Rupi JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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