SURESHWAR THAKUR, J.

1. Respondent No. 3 herein preferred an application cast under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short 'the Act'). In the above application, the respondent herein claimed path measuring 4 karam i.e. 22 feet wide from rectangle No. 10 killa No. 10, belonging to Gram Panchayat, and, whereas the applicant has been given the area of rectangle No. 10 killa No. 2 adjacent land of Gram Panchayat, rectangle No.9, killa No.2 village Saidpur, Mohammadpur, Gurgaon. On the above application, the impugned order, as carried in Annexure P-3, became pronounced. The Gram Panchayat concerned, becomes aggrieved from the drawings of Annexure P-3, and, is led to institute thereagainst the instant writ petition.

2. It is not disputed amongst the parties at contest, that during the course of the consolidation proceedings, rasta or passage was carved by the consolidation authorities for the exercising thereons of easementary rights by all the land holders concerned. One of the land holders one Mange Ram son of Badloo, did not, during the course of his holding a valid title to the land(s) concerned, make any protest to t