Civil Writ Petition No. 6976 of 1989 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 6976 of 1989 Date of Order: 13.09.2010 Partap Singh ....Petitioner Versus Director of Consolidation of Holdings Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Sudhir Aggarwal,Advocate for the petitioner Ms. Shruti Jain, AAG, Haryana for respondent no.1. Mr. B.S.Mann, Advocate, for Mr. G.S.Nagra, Advocate for respondents no.2 and 3 RAJIVE BHALLA, J (Oral). The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order dated 30.11.1988, passed by the Director, Consolidation, Haryana, exercising the powers under Section 42 of the East Punjab Holdings (Consolidation & Preventation of Fragmentation) Act, 1948. Counsel for the petitioner submits that a land owner may approach the Director Consolidation, under Section 42 of the Act for a passage, if he has not been provided a passage, during consolidation. As respondents no.2 and 3 were provided passage No.190 shown in blue colour in the site plan, the Director Consolidation could not allot another passage without considering this fact. Civil Writ Petition No. 6976 of 1989 -2- Counsel for the private respondents, on the other hand, submits that that they were using the passage shown in green, with the consent of the petitioner. However, when the petitioner stopped their access through this passage they had no option but to approach the Director Consolidation. I have heard counsel for the parties and perused the impugned order. Consolidation authorities are required to provide a passage to each parcel of land. A party who has not been provided a passage during consolidation, may legitimately approach the Director under Section 42 of the Act for providing a passage but where a passage has been allotted during consolidation a party has no right to file an application for another passage. A perusal of the impugned order discloses that the Director Consolidation provided a passage without considering whether passage no.190 has been allotted to respondents no.2 and 3, during consolidation. The Director Consolidation, merely held that if a passage measuring 2x2 is provided from passage no.190 at killa No.18/14, it would not cause any loss to the petitioner. In view of the error committed by the Director Consolidation, the writ petition is allowed, the order dated 30.11.1988 is set aside and the matter is remitted to the Director Consolidation, Haryana, who shall decide the matter afresh and in accordance with law, within three months from receipt of the certified copy of this order. Parties are directed to appear before the Director Consolidation, Haryana, on 12.10.2010. September 13, 2010 (RAJIVE BHALLA) nt JUDGE