I.D. Dua, J. - (1.) THIS Letters Patent Appeal under Clause 10 of the Letters Patent is directed against an order of a learned Single Judge dismissing the Appellant's writ petition.
(2.) FOR the purposes of the present appeal, it is not necessary to state the facts in detail. Suffice it to say that the Petitioners challenged the consolidation proceedings with respect to reservation, of 9 kanals 9 marlas for the Government Primary School, of about 110 kanals (sic) marlas for the construction of 11 karams wide road to be constructed by the Public works Department from jandu Singh to Kartarpur and of 191 kanals and (sic) marlas (the Respondents admit the area to be 91 K 17 m) for water channels and claimed relief by way of writ in the nature of certiorari, mandamus or prohibition or other suitable writ order or direction. The learned Single Judge in his order dealt with only one of these items, namely, that of 110 kanals 5' marlas reserved for the construction of road by the Public Works Department, this was held to be for a, public purpose because, according to the learned Judge , it had been denied on behalf of the Respondents that the whole of this land had been taken away from the right holders and given to the Public works Department.
(3.) ON appeal, it has been argued that the three items mentioned above were challenged in the writ petition and the Petitioners' allegations were 'admitted by the Respondents in the return. It has been urged in this connection that the learned Single judge was not quite correct in holding that the Respondents had denied the Petitioners' assertion.;