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 the finalized consolidation scheme, as drawn by the consolidation officer concerned. The above non assigning though, as above stated, does empower the stake holders concerned, to access the authority concerned, with an able petition cast under Section 42 of the Act of 1948. Resultantly, in the wake of the above empowerment vesting in the stake holder concerned, he did cast a petition under Section 42 of the Act of 1948, before the authority concerned. However, as above stated, the said petition became dismissed through the making of Annexure P-4. The dismissal order, as made on the said petition, has resulted in a challenge being thrown thereto at the instance of the aggrieved, thus before this Court.

3. A reading of the impugned order reveals, that the obstacles which prevailed upon, the authority concerned, which drew Annexure P-4, spurred from a gair mumkin pond, existing over khasra No. 749, and, whereons the petitioners had raised a claim for a revenue rasta being created but for theirs accessing their abadi.

4. However, today the learned counsel for the petitioners, has drawn the attention of this Court to the vernacular records appertaining to the said khasra number, reading whereof reveals, that it has dimensions of 18 kanals 15 marlas, and, out of said 18 kanal 15 marlas land, a gair mumkin pond is existing over an area spread over 16 kanals. Therefore, prima facie though the declining order is valid, but yet to ensure that the revenue rasta is made available to the petitioners, which however, is not made available in the finalized consolidation scheme, that results in this Court drawing a conclusion that Annexure P-4, even if it is made in respect of the above khasra number, whereons, a valid obstacle arises for the creation of a revenue rasta, thus yet the petitioners be permitted to amend the petition. After an application for amendment of the petition being made, and, an affirmative order being recorded thereons, thereupon the learned authority concerned, shall proceed to lawfully assign the revenue rasta, to facilitate all the stake holders inclusive of the petitioners to exercise their easementary rights thereons. The final lawful order be made on the above amended petition, but after hearing all the concerned, thus imperatively within four months from today.

5. The petition stands disposed of.

6. The miscellaneous application(s), if any, is/are also disposed of.