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SURESHWAR THAKUR, KULDEEP TIWARI
Ramswroop – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. land ownership established through mutation. (Para 1) |
| 2. claim for access passage post-consolidation. (Para 2) |
| 3. authority directed to assign shortest passage. (Para 3) |
| 4. amendments led to appeals and legal proceedings. (Para 4) |
| 5. quashing of impugned orders. (Para 5) |
| 6. title rights vs. consolidation scheme. (Para 6) |
| 7. remedy under section 42 of the act. (Para 7) |
| 8. obstruction against exercising easement rights. (Para 8) |
| 9. unlawful interference with consolidation scheme. (Para 9) |
| 10. servient heritage clarified for easement rights. (Para 10) |
| 11. merit in petition; orders quashed with liberty to access court. (Para 11) |
JUDGMENT
Sureshwar Thakur, J.
Admittedly the predecessors in interest of the deceased-respondent No.5 now substituted by his LRs, was a Gair Marusi, upon the lands concerned, as, carried in Rect. No.55//16, 25, 56/19, 20, 21, 22, Rect. No.63//1, 2, 9, 10, 11, 12, Rect. No.64//6, 7, 15/1. However, through an order of mutation drawn on 23.09.1963 by the Assistant Collector, Ist Grade, the predecessors in interest of since deceased-respondent No.5 in the instant petition, hence became conferred title as owner of the lands concerned, and, also the order (supr
The reserved village path was meant for exercising easementary rights, and the petitioners could seek demarcation if aggrieved. No evidence of obstruction to the petitioners' easementary rights was f....
Jurisdiction under Section 42 of the Act is limited to clerical corrections and cannot alter finalized consolidation schemes or adjudicate disputed titles.
The main legal point established in the judgment is the application of Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, in cases involving easement ri....
The jurisdiction under Section 42 of the Consolidation of Holdings Act is limited to correcting clerical errors and cannot be used to alter finalized consolidation schemes or adjudicate disputed titl....
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