HEMANT GUPTA, J. - (1.) The challenge in the present writ petition is the order dated 21.12.2010, passed by the Commissioner Hisar Division, Hisar, exercising the powers of Director, under Section 42 of the East Punjab Holdings Consolidation and Prevention of Fragmentation Act 1948 (hereinafter referred to as "the Act").
(2.) Vide aforesaid order, the Director Consolidation has allowed the applications, filed by the respondent to provide access to Civil Writ Petition No. 16566 of 2011 his land comprising in khasra no. 145//11, 20, 21/1 measuring 14 kanals 12 marlas. It has been found that the said land has not been provided with any path during the consolidation proceedings, though, it is the requirement of the scheme that path must be provided to every holding.
(3.) Learned counsel for the petitioner has raised two fold arguments. Firstly, that the respondent has invoked the jurisdiction under Section 42 of the Act, after gross delay and secondly, as a subsequent purchaser, he cannot seek path so as to seek amendment in the scheme in view of the Division Bench judgment of this Court reported as Jaswinder Kaur and others v. Additional Director Consolidation and others in.;