Hemant Gupta, J. - (1.) CM No. 15817 of 2010
(2.) IN view of the averments made in the application, legal heirs of Amar Singh, Petitioner, are ordered to be impleaded subject to all just exceptions. CWP No. 1268 of 1985 The challenge in the present petition is to the order passed by the Additional Director, Consolidation of Holdings, exercising the powers of Director, conferred under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short, "the Act"), on 01.08.1984 (Annexure P -10), whereby the petition filed by Respondent Nos. 2 and 3 was accepted and two Karam path was ordered to be laid on the western side of Killa Nos. 1805 and 1808 and southern side of Killa No. 1808 and western side of Killa Nos. 1855 and 1854.
(3.) THE Petitioner has pleaded that consolidation proceedings were conducted in village Chetha Sekhwan in the year 1953 under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. In the said scheme, the Respondents have been provided path by carving out Pahi No. 1806, shown as ABC in Annexure P -1. Earlier, Petitioner filed a suit for injunction against Respondent No. 2 when he threatened to demolish the said path. The said suit was dismissed by the trial Court on 30.11.1972, but the appeal was accepted vide judgment and decree dated 16.01.1975. Respondent No. 2 was restrained from interfering with use of Pahi No. 1806, though a finding was returned that the Petitioner is using the other path by consent.;