RAJINDER SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the Division Bench of the High Court of Jammu and Kashmir on July 29, 2002 in Letters Patent Appeal No. 621 of 1999. By the said order, the Division Bench of the High Court allowed the appeal filed by respondent No. 2 herein and set aside the order passed by the single Judge dated November 12, 1998 in Writ Petition No. 457 of 1993.

(2.) Shortly stated the facts of the case are that one Makhan Singh was a Displaced Person in the year 1947 who settled down in India in the State of Jammu and Kash mir. The Government of Jammu and Kashmir had taken a policy decision in the year 1954 to allot agricultural land with a view to rehabilitate displaced families who were forced to leave the other side of the border (now Pakistan) in 1947 in the wake of partition and who were holding land in that area.

(3.) The Government, in pursuance of the said policy, passed an order being Gov ernment Order No. 254 of 1965 conferring ownership right upon Makhan Singh. The said order reads thus : The Government hereby grant proprietary rights on the State lands in favour of the displaced persons from non-liberated areas of the State who in pursuance of Cabinet order No. 578-C of 1954 or any other order issued prior to the CO No. 578-C of 1954 about allotments in favour of such displaced persons, have been settled on such lands and partly on evacuee lands subject to the condition that the allottees have continuously been holding the land from the date of the allotment and have been so recorded. The grantees shall be liable to the payment of land revenue as sessed at village rates according to the class of soil which the land belonged to or has assumed on being cultivated or if there is no village rate available, to such land revenue as may be fixed by the Collector with regard to the assessment of similar land in the assessment circle in which such land is situated and also to the payment of cess and other dues payable under any land for the time being in force.