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SURESHWAR THAKUR, KULDEEP TIWARI
Rama Nand – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner argues over absence of revenue rasta (Para 1) |
| 2. petitioner's claim of easement rights is contested (Para 2 , 4) |
| 3. court's analysis on jurisdiction principles (Para 3 , 5) |
| 4. conclusion: petition dismissed; rights to file suit reserved (Para 6 , 7 , 8) |
JUDGMENT
Sureshwar Thakur, J. (Oral)
The petitioner is aggrieved from a decision, drawn on 16.12.2016 to which Annexure P-6 is assigned, by the Commissioner, Hissar Division Hissar, thus upon a petition cast under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short the Act of 1948). The grievance set-forth in the petition, which resulted in the drawing of Annexure P-6, was that, though the consolidation officer concerned, created a revenue rasta in favour of all the estate holders concerned, but no revenue rasta, as such was created in favour of the predecessor-in-interest of the present petitioner one Jogi Ram, from whom, through a registered deed of exchange, the present petitioner acquired the disputed land.
2. The learned counsel for the petitioner though, has fairly submitted before this Court, that to the said Jogi Ram, a revenue rasta was create
The judgment establishes the limited jurisdiction of the authority under Section 42 to create passages for exercising easementary rights and addresses the remedy available to petitioners for ensuring....
Jurisdiction under Section 42 of the Act is limited to clerical corrections and cannot alter finalized consolidation schemes or adjudicate disputed titles.
Disputes related to land entitlements and mis-allotments should be settled in a civil suit, not under Section 42 of the Act of 1948.
Authorities under the East Punjab Holdings Act lack power to review orders under Section 42; disputes regarding land titles must be resolved in civil court.
The court established that disputes over land entitlements post-consolidation must be resolved in civil court, not through administrative corrections under the Consolidation Act.
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