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PETITIONER: GRAM PANCHAYAT VILLAGE SUFIPIND

       Vs.

RESPONDENT: STATE OF PUNJAB THROUGH SECRETARY& ORS.

DATE OF JUDGMENT:       01/02/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  1996 SCC  (7) 449        JT 1996 (2)   139  1996 SCALE  (2)SP45

ACT:

HEADNOTE:

JUDGMENT:                       O R D E R      This appeal  by special  leave arises against the order dated 21st  May, 1975  of the  High  Court  dismissing  Writ Petition No.1887/75  as usual  in limine. The controversy is whether abadi plot No.71 is a pathway which stands vested in the Gram  Panchayat, Sufipind  or whether  it passes through the passage to the respondent. Admittedly, the consolidation proceedings were  completed in  1959. An application came to be made  in 1974 after long lapse of time for realignment of the plot  so as not to cause disturbance of his enjoyment of Plot No.71.  The Gram Panchayat claimed that it is a pathway and under  the Punjab  Village Common Land [Regulation] Act, 1961 and  later it  stands vested  in the  Gram Panchayat by operation of  Section 4 [2] of that Act.  Admittedly, notice was not  issued to  the Gram  Panchayat. The  authority  had exercised the  revisional jurisdiction  under Section  42 of the Consolidation  Act and condoned the delay and passed the order for  realignment. In  view  of  the  fact    that  the respondent  is   claiming  access   to  his   property   and realignment thereof,  the appropriate course would be to set aside  the   order  and   to  remand   the  matter   to  the consolidation     Officer.  The   Consolidation  Officer  is directed to  issue prior  notice to the appellant as well as to the  respondent. He  should make a personal inspection to the place and then determine the alignment in their presence according to law. That would not only avoid needless wastage of time  but the rights of the parties would also be settled in the  presence of  the parties by looking into the factual position as well as actual need in that behalf.      Under these  circumstances, the  appeal is allowed. The Consolidation Officer  is directed to do the exercise within a period  of two months from the date of the receipt of this order. No costs.

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