1. By means of this petition, the petitioner has challenged the order dated 30.4.2007 passed by the Director Consolidation in proceedings under Section 54 of the H.P. Land (Consolidation and Fragmentation) Act, 1971 whereby he rejected the revision petition filed by the petitioner.
2. It is not disputed that the petitioner is owner of land measuring 1-17-10 bighas comprised in Khasra No.316/2 old (393 new) situate in Muhal Shgila Kipper/341 Illaqua Pandoh, Tehsil Sadar, District Mandi. It appears that when consolidation proceedings were going on a number of residents of the area stated that there is a path-Pagdandi (village path) which may be shown with a red line and that the villagers would have no objection and their conflicts will be resolved.
Admittedly, the petitioner was not a signatory to such a document. On the basis of such a statement a path was shown through the land of the petitioner. He challenged the same before the Director of Consolidation, who rejected the same on the ground that since a statement had been made by the villagers before the Assistant Consolidation Officer and according to the Director of Consolidation the path had been marked with the consent of the inhabitants of the villagers.
3. The manner in which the case has been decided leaves much to be desired. When rights of the parties are involved they have to be adjudicated upon in a legal manner. Admittedly, the petitioner is not a signatory to such an agreement. Therefore, a finding had to be given that a path exists on the spot and only then the same could be reflected in the record. The Director of Consolidation as well as the Assistant Consolidation Officer did not deem it fit to find out where exactly the path exits.
4. Therefore, the orders of both the authorities below are set-aside and the matter is referred back to the Director Consolidation. The Director Consolidation can either himself or through some competent revenue officer get an inquiry conducted as to whether a path exits on the land of the petitioner or not and thereafter shall decide the matter afresh. With these observations the petition is disposed of. The parties through their learned counsel are directed to appear before the Director Consolidation on 4th July, 2011.
5. Till the matter is decided by the Director Consolidation the parties are directed to maintain status quo over the land in dispute.
6. Since, the post of Director Consolidation is no longer in existence the matter is referred to the Divisional Commissioner, Mandi, who is now exercising the power of Director Consolidation.