SURINDER SINGH Vs. BHAJAN SINGH

JUDGEMENT

(1.) THE present revision petition has been filed against the order of the Commissioner, Patiala Division, Patiala dated 30.3.1999 vide which he has upset the orders of the Collector Khamano dated 30.7.1996, in the matter of allotment of surplus area to Balbir Singh allottee. Arguments in this case were heard on 19.1.2001 and orders were reserved. Further, case was listed for announcement for 16.3.2001 and orders are pronounced accordingly today when none is present.

(2.) THE brief facts of the case are that Bhajan Singh filed an application for cancellation of allotment of land measuring 36K-6M comprised in Khewat No. 100, Khatoni No. 125, Rect. No. 25, Killa Nos. 18/2, 19, 21, 22, 23-1, as per jamabandi for the year 1985-86 situated in village Amrala, Tehsil Khamano, District Fatehgarh Sahib. Bhajan Singh submitted that the surplus land of the big landowner Gurdial Singh, was allotted to Balbir Singh on 16.7.1987 and mutation to that effect No. 1701 was also sanctioned. Balbir Singh has since sold the total land allotted vide sale deeds dated 6.6.1994, 10.6.1994 and dated 14.11.1994 in favour of Surinder Singh, Kesar Singh, Jagtar Singh and Labh Singh sons of Puran Singh, in violation of the terms and conditions of the allotment. As per the law, the allottees were debarred from transferring their rights in the land allotted to them to any other person till the expiry of period of 15 years. In this case, Balbir Singh had violated the conditions of the terms of allotment. Therefore, his allotment be cancelled and the land may be allotted afresh to the otherwise eligible landless persons. After hearing both the parties, the Collector held that since the stipulation of 15 years had not been mentioned in the jamabandi for 1990-91, the vendees were competent to purchase the land. Thus, the Collector Agrarian dismissed the application of Bhajan Singh, with the following observations :-

(3.) AGGRIEVED by the orders of the Commissioner, Patiala Surinder Singh and others filed the present revision before this Court. During the course of hearings, it was pointed out by the State Counsel that Balbir Singh original allottee being a relevant party, must be summoned. Service was made upon him in the ordinary method and then through Mustri Munadi but he did not appear inspite of it and he was proceeded against ex-parte on 7.7.2000. The case was finally listed for arguments on 12.1.2001 when counsel for both the parties addressed their arguments at length and thereafter both counsel were asked to clarify certain points which had arisen during the course of arguments and they were also directed to file citations in support of their claims. Both counsel were further directed to address the Court regarding the effect of the death of Bhajan Singh, complainant in the case and the case was adjourned to 19.1.2001. On that date counsel for the petitioners filed the necessary documents as directed, and the respondents also filed the citations in support of the claims of their parties. Orders were reserved.