UNION 0F INDIA Vs. KIMATRAIANDOTHERS

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High court of Punjab and Haryana in a writ case filed by respondent 1, Kimat Rai under Article 226 of the Constitution. the writ petitioner, that is the present respondent, is a displaced person within the meaning of the expression as defined in S. 2 (b) of the DISPLACED PERSONS (compensation AND rehabilitation) ACT, 1954. Before the partition of the country, he was possessed of considerable area of agricultural land in the territory which in 1947 formed part of West Pakistan. On account of the widespread disturbances, he left his place and came to reside in India as an value, and settled in Bombay. He, thereafter, made a claim for relief, which a displaced person is entitled to, under the law, including a prayer for settlement of land in the State of Punjab which was later divided into the States of Punjab and Haryana. His case was recommended by the central Government to the Punjab Government, but since he was not given any land he moved the High court by the writ petition.

(2.) The central Government, that is appellant, did not file any show cause or counter-affidavit before the High court. the State Government of Punjab resisted the claim of land and inter alia pleaded that the areawhich was made available by the central government for the purpose had been earlier exhausted and was, therefore, not available.

(3.) The High court dismissed the writ petition against the State of Punjab, but, issued a direction "to the central government to satisfy the unsatisfied claim of the petitioner in accordance with law. " This judgement is under challenge by the Union of India.