Full Judgment Text
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PETITIONER:
GRAM PANCHAYAT VILLAGE SUFIPIND
Vs.
RESPONDENT:
STATE OF PUNJAB THROUGH SECRETARY& ORS.
DATE OF JUDGMENT: 01/02/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCC (7) 449 JT 1996 (2) 139
1996 SCALE (2)SP45
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
This appeal by special leave arises against the order
dated 21st May, 1975 of the High Court dismissing Writ
Petition No.1887/75 as usual in limine. The controversy is
whether abadi plot No.71 is a pathway which stands vested in
the Gram Panchayat, Sufipind or whether it passes through
the passage to the respondent. Admittedly, the consolidation
proceedings were completed in 1959. An application came to
be made in 1974 after long lapse of time for realignment of
the plot so as not to cause disturbance of his enjoyment of
Plot No.71. The Gram Panchayat claimed that it is a pathway
and under the Punjab Village Common Land [Regulation] Act,
1961 and later it stands vested in the Gram Panchayat by
operation of Section 4 [2] of that Act. Admittedly, notice
was not issued to the Gram Panchayat. The authority had
exercised the revisional jurisdiction under Section 42 of
the Consolidation Act and condoned the delay and passed the
order for realignment. In view of the fact that the
respondent is claiming access to his property and
realignment thereof, the appropriate course would be to set
aside the order and to remand the matter to the
consolidation Officer. The Consolidation Officer is
directed to issue prior notice to the appellant as well as
to the respondent. He should make a personal inspection to
the place and then determine the alignment in their presence
according to law. That would not only avoid needless wastage
of time but the rights of the parties would also be settled
in the presence of the parties by looking into the factual
position as well as actual need in that behalf.
Under these circumstances, the appeal is allowed. The
Consolidation Officer is directed to do the exercise within
a period of two months from the date of the receipt of this
order. No costs.
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