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SURESHWAR THAKUR, KULDEEP TIWARI
Bhagwan Singh – Appellant
Versus
Director, Land Records, Punjab – Respondent
| Table of Content |
|---|
| 1. overview of petition against dismissal (Para 1) |
| 2. parties agree on legal requirements and petition dismissal (Para 2) |
| 3. identification of obstacles in granting revenue rasta (Para 3) |
| 4. court allows petition amendment for granting easementary rights (Para 4) |
| 5. disposition of the petition and miscellaneous applications (Para 5 , 6) |
JUDGMENT
Sureshwar Thakur, J. (Oral)
The petitioners become aggrieved from the order Annexure P-4, drawn by the Director Lands Revenue, Punjab, Jallundhur, on 5.7.2017, upon petition bearing No. 130 of 2012, as, cast under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short 'the Act of 1948'). The thereins raised petitioner's claim, for their being assigned a revenue rasta over khasra No. 749, thereby became declined.
2. The learned counsel for the petitioners, as well as the learned counsel for the State of Punjab, are ad idem, that though, as mandated by law, the consolidation officer concerned, though is required to, thus in the finalized consolidation scheme, assign a revenue rasta for the benefit of all the stake holders, but yet the said revenue rasta became never assigned in t
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.
Jurisdiction under Section 42 of the Act is limited to clerical corrections and cannot alter finalized consolidation schemes or adjudicate disputed titles.
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