MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal by special leave. The appellant's writ application challenging the order dated April 29, 1974 of the Chief Settlement Commissioner, Jullundur and order dated January 14, 1975 of the Financial Commissioner, Taxation, Punjab was dismissed by the High Court of Punjab and Haryana in limine on August 26, 1975. Hence this appeal.

(2.) The appellant applied for allotment of certain Urban Agricultural Land bearing various Khasra numbers, measuring 14 kanals 17 marlas. It appears that the land indisputably is a part of the evacuee agricultural land situated in Urban areas and acquired under S. 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 - hereinafter called the Act. Chapter V-A of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (for brevity, the Rules), is applicable to such lands. The appellant approached the authority for transfer of the land to him in accordance with Rs. 34-C of the Rules. It is not quite clear whether he claimed to be a lessee under the main provision of the said Rule or a sub-lessee within the meaning of the proviso appended thereto. But what is clear is that the case proceeded before the various authorities on the footing that the appellant claimed to be a sub-lessee of the land.

(3.) The appellant claimed to be in possession of the land in question continuously from before January 1, 1956, although his name was not found recorded in the Jamabandi or the Khasra Girdawari. He examined some witnesses before the Settlement Officer who accepted their oral evidence and by his order dated August 21, 1969 (Annexure 1) held that the appellant was entitled to get transfer of the land at a price to be fixed under R. 34-B of the Rules. Thereupon, the Settlement Commissioner, Jullundur by his order dated October 28, 1969 (Annexure 2) fixed the price of the land at Rs. 1,000 per kanal. Several years later, a reference was made under S. 24 of the Act by the Superintendent (Urban) Rehabilitation Department, Jullundur for setting aside the order aforesaid of the Settlement Officer. The Chief Settlement Commissioner by his order dated April 29, 1974 (Annexure 4) accepted the reference and set aside the order. The appellant went in revision under S. 33 of the Act which was dismissed by the Financial Commissioner by his order dated January 14, 1975 (Annexure 5). As already stated the petitioner was unsuccessful in assailing the last two orders before the High Court.