- (1.) The petitioners pray for issuance of a writ of certiorari quashing order dated 03.08.2010 (Annexure P-3), passed by the Commissioner, Hisar Division, Hisar, exercising powers under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Consolidation Act'), allowing a path to respondent no.3 through the petitioners' land.
(2.) Counsel for the petitioners submits that as consolidation proceedings concluded in 1958-59, the Commissioner had no jurisdiction to entertain the application after a delay of 50 years. It is further submitted that as respondent no.3 is a vendee from the original landowner, who was provided a path, to his parcel of land, during consolidation, there is no question of providing a new path to respondent no.3. It is argued that Section 42 of the Consolidation Act entitles the delegate of the State to correct errors committed during consolidation, but the prayer of respondent no.3 to provide a path does not refer to any error committed, during consolidation. It is further submitted that as respondent no.3 partitioned his land from other co-sharers in 1998, he should have sought a path from his co-sharers.
(3.) Counsel for respondent no.3, on the other hand, submits that land, in dispute, was owned by Harnam Dass and Jaisa Ram, sons of Shri Ramji Lal. During consolidation, the land was partitioned between Harnam Dass and Jaisa Ram, The land, which fell to the share of Harnam Dass was provided a path, whereas the land allotted to Jaisa Ram was not provided a path. Jaisa Ram was using a path passing through Killa no.185/20. Respondent no.3 purchased the land in question from Jaisa Ram, along with other land, and when petitioners objected to the use of a path through killa no.185/20, respondent no.3, filed a petition under Section 42 of the Consolidation Act for providing a path. It is further submitted that as an error was committed by consolidation authorities, in not providing a path to land allotted to Jaisa Ram, the Commissioner rightly ordered rectification of this error.;