GYAN CHAND Vs. STATE OF U P

JUDGEMENT

(1.) As many as 118 writ petitioners have filed this writ petition for a very peculiar relief. In their prayer clause, they seek quashing of the order dated 4-9-1996 and Notification dated 13-8-1966 and 30-8-1966. They also seek a direction for complying the Government order dated 5-2-1988.

(2.) All the writ petitioners claimed to be refugees from West Pakistan and further claimed that they belong in all to 135 families. Out of them, the petitioners belonged to 79 families, whereas the remaining persons belonged to other 56 families. The writ petition is filed on behalf of 79 families, who, according to the petition, have remained high and dry without any semblance of rights on the land, which continues to be in their possession and is being cultivated by them. It is the case of the petitioners that under the rehabilitation policy of the Government of India, namely, Displaced Persons (Compensation and Rehabilitation) Act, 1954, one Triveni Das and Group' applied for Award of compensation in lieu of the agricultural land left by them in Pakistan and also claimed rehabilitation. They further claimed that by order dated 14-11-1953, the Commissioner, Relief and Rehabilitation, U.P. located 135 families known as Triveni Das and Group' and decided that each family should be allotted 10 acres of land in Jogipura Block in Tarai Bhabhar Govt. Estate in Nainital (presently in District Udham Singh Nagar). It is also claimed that all the families, known as Triveni Das and Group were directed to fill up appropriate forms, which was done by 135 families. It is then claimed that 10 acres of land in Jogipura Block, was allotted to each of the family by the Commissioner, Relief and Rehabilitation U.P. and letter to that effect was sent to the representative of the allottees for information to contact the Superintendent T and B and also Peshkar Bajpur for compliance. The petitioners heavily rely on this letter. A detailed survey plan was enclosed by the Superintendent, T and B Government Estate, vide order dated 22-1-1954 and letters to that effect were sent to the District Magistrate, Nainital in his capacity as District Relief and Rehabilitation Officer. The petitioners also relied on letters dated 22-1-1954 and 22-2-1954. The petitioners have then given broad history. However, we need not go into the that history because the only grievance of the petitioners was that the land given only to 56 families out of the original group led by Triveni Das, and remaining 79 families remained without being granted Pattas. According to the petitioners, the land which was to be given to them has already been demarcated along with approach roads etc. and possession was given to all 135 families including the present 79 families, who are in possession of the land. Now the petitioners want to be known as 'Gyan Chand and party'. They seem to be a fall out group of original Triveni Das and party'.

(3.) There was a writ petition filed earlier that being Writ Petition No. 18408 of 1989 in Allahabad High Court. That writ petition was disposed of with the direction that the respondents (Government) shall decide the claim of the petitioners for the settlement of the land by speaking order within a period of three months. Now this petition was filed by about 79 families, giving their family members names therein because in some cases the person, who headed those families, died.