Gram Panchayat Village Sufipind Vs. State of Punjab &
Ors  INSC 171 (1
K.Ramaswamy, K.G.B. Pattanaik (J)
1996 SCC (7) 449 JT 1996 (2) 139 1996 SCALE (2)SP45
O R D
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
 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.
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.