SADHA SINGH Vs. CHIEF SETTLEMENT COMMISSIONER HARYANA

JUDGEMENT

(1.) Sadha Singh and Virsa Singh through this writ petition under Articles 226/227 of the constitution of India, impugned the orders passed by the Chief Settlement Commissioner, Punjab, cancelling the allotment in favour of Ganda Mal in village Megha Majra, Tehsil Thanesar, District Karnal.

(2.) Ganda Mal son of Hakim had been allotted 3 standard acres 9-3/4 units of land each in villages Megha Majra and Nahar Majra, Tehsil Thanesar, District Karnal. He was entitled to allotment atone place either at Megha Majra or Nahar Majra. The Assistant Registrar-cum-Managing Officer cancelled the allotment in favour of Ganda Mal in village Nahar Majra vide his order dated the 18th of May, 1964. It may be mentioned here that Ganda Mal had already sold this land to Amar Singh, Respondent No. 5. It seems Respondent No. 5 bad not been heard at this stage.

(3.) Shri Baj Singh, Assistant Registrar-cum-Managing Officer, Rehabilitation Department, made a recommendation on the 17th of July, 1965 to the Chief Settlement Commissioner, Punjab that permanent rights conferred on Ganda Mal in respect cf? standard acres 93/4 units of land in village Megha Majra be set aside because he was holding double allotment. This reference was supported by Amar Singh, who was a vendee from Ganda Mal of the land in village Nahar Majra. From the orders, it transpired that Ganda Mal did not appear before the Chief Settlement Commissioner. Sadha Singh and Virsa Singh, who had purchased this land from Ganda Mal were not impleaded as parties. Consequently, they were not heard by the Chief Settlement Commissioner. He, however, accepted the reference and set aside the permanent rights conferred on Ganda Mal of the land Measuring 3 standard acres 9 3/4 units in village Megha Majra. Coming to know about this order on 1st of November, 1965, the Petitioners filed an application before the Chief Settlement Commissioner, Punjab, for the review of his order dated the 16th of August, 1965, by which the permanent rights in favour of Ganda Mal had been cancelled. This application of the Petitioners for review was turned down by the Authorised Chief Settlement Commissioner, Haryana, vide order dated the 23rd of January, 1967. Aggrieved by these two orders, the Petitioners have filed the present writ petition.