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2023 Supreme(P&H) 1747

KULDEEP TIWARI, SURESHWAR THAKUR
Pal Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties :Mr. A.S. Narang, Mr. Arun Sharma, Mr. Amit Bhandari, Mr. Karanjit Singh AAG, Punjab, Mr. Rupinder Khosla Senior, Advocate, Mr. Aman Sharma, Mr. Shailendra Jain Senior, Advocate, Ms. Ashmita Sandhu, Ms. Divya Sharma, Mr. Bikramjit Singh, Mr. D.S. Patwalia Senior, Advocate, Mr. Navjeet Singh Sandhu, Mr. Chetan Mittal, Mr. Udit Garg, Mr. Tushar Sharma, Mr. Amandeep S. Talwar, Mr. Munish Jolly
For the Appellant : Mr. Manpreet Singh Longia, Mr. Raj Kumar Rathore, Mr. Naresh Kaushal

Judgment

Mr. Sureshwar Thakur, J.

Since all the writ petitions embody almost similar facts, as also similar causes of action. Moreover, when all the relief’s ventilated in all the writ petitions (supra), are directed against the grant of CLUs to the developer/builder concerned, in respect of revenue rastas or passages, whereons the petitioner(s) claim the exercisings of their easementary rights. Therefore, all the writ petitions are amenable for becoming decided through a common verdict.

Facts of CWP-6696-2019.

2. The petitioners claim to be the Khewatdars/proprietors of village Kansala, HB No. 157, Tehsil Majri, District SAS Nagar Mohali. Thereins are averred to exist, revenue rastas, as became carved from the khewats of the Khewatdars/petitioners, in the finalized consolidation scheme. The said revenue rastas are averred to be the only source to reach towards their respective fields. In the relevant revenue records, in the column of ownership thereof, the proprietors/Khewatdars of the village are recorded as Jumla Malkan Deegar Haqdaran Hasab Rasad Rakba Khewat, whereas, in the cultivation column, their possession as cultivators has been recorded. The developer/builder purchased s

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