- (1.) This order shall dispose of CWP No. 2014 of 1987 & RSA No. 1720 of 1988 as the points in issue are common in these cases. For brevity, the facts are being taken from CWP No. 2014 of 1987. The petitioner impugns the order dated 28.01.1987 (Annexure P3) passed by the Additional Director, Consolidation under Section 42 of The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. The above-stated order was passed on a petition filed by respondent No. 2 seeking re-alignment of the passage in such a manner that the existing passage does not bifurcate his landholding. The Additional Director vide the impugned order held that path No. 191, namely, the existing sanctioned path had bifurcated the block of land of respondent No. 2. He further held that the petitioner had already got his land-holding connected with another main path hence no second path was required by him. It was thus concluded that path No. 191 was totally unnecessary and need to be cancelled.
(2.) The aggrieved petitioners, namely, the respondents before Additional Director have approached this Court. They were granted ad interim stay by this Court vide order dated 13.04.1987 which is still operative.
(3.) With a view to understand the location of path No. 191 as well as the path which goes upto the land-holding of writ petitioners, the site plan (Annexure P1) was directed to be produced depicting the existing passages in different colours as also the alternative passage which respondent No. 2 might agree to provide to the petitioners.;