IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 22726 of 2011 DATE OF DECISION : 08.12.2011 Fajar Khan .... PETITIONER Versus Director Consolidation of Holdings, Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. Rajendar Chhokar, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) The instant petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India for quashing the order dated 29.6.2011 (Annexure P-5), passed by the Director, Consolidation of Holdings, Haryana, whereby the application filed by the petitioner under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, for granting passage to his land comprised in Khasra No.42//14/2, has been dismissed on the ground that the petitioner being a subsequent purchaser from a co-sharer is not entitled to get the passage. The Director Consolidation has also taken into consideration the long delay in filing the application. CWP No. 22726 of 2011 -2- We have heard learned counsel for the petitioner and gone through the impugned order. In spite of the fact that the application was filed by the petitioner after more than 48 years of the consolidation, the petitioner has no claim on merits, as in our opinion the Director, Consolidation, has rightly observed that the petitioner being a subsequent purchaser from the co-sharer is not entitled to have passage to the land falling to his share. We do not find any illegality in the impugned order. However, it is always open for the petitioner to get the land partitioned, so that during the partition a passage can be provided to the land falling to his share. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE December 08, 2011 ( PARAMJEET SINGH ) ndj JUDGE