BALBIR KAUR Vs. FINANCIAL COMMISSIONER (APPEALS), PUNJAB, CHANDIGARH

JUDGEMENT

(1.) Challenge in the present writ petition to an order passed by the learned Financial Commissioner on 6th June, 1991 (Annexure P. 8), cancelling the allotment of the land measuring 4 kanals of land to the petitioner.

(2.) The husband of the petitioner died in action during the Indo-Pak War 1971. The petitioner being a war widow was entitled for allotment of the land to the extent of 10 acres in terms of the policy framed by the Rehabilitation Department of the Punjab Government. In terms of the said policy, land measuring 17 kanals 9 marlas including the land comprising in Khasra No. 13//15/1 measuring 4 marlas was allotted to the petitioner by Tehsildar, Sales, Kapurthala, on 1st March, 1983. The petitioner got actual physical possession of the land including the above said land measuring 4 kanals on 25th October, 1983 with the help of the police, after the permission of the District Magistrate, Kapurthala.

(3.) One Bawa, predecessor-in-interest of respondent Nos. 3 to 8, filed a suit for permanent injunction claiming possession of the said land measuring 4 kanals. The said suit was dismissed on 3rd May, 1984. The appeal filed by Bawa was also dismissed. As per the facts on record, Bawa, filed an application dated 21st February, 1979 for purchase of the land on the basis of possession. The said application was dismissed by Tehsildar (Sales) on 31st May, 1979. Another application was filed for purchase of the land on the basis of possession, which was dismissed on 23rd June, 1980. Bawa filed an appeal, aggrieved against the allotment of the land to Balbir Kaur, the present petitioner. The Settlement Commissioner, Rehabilitation Department, passed an order on 9th July, 1984, remanding the case to Tehsildar (Sales), to examine the entitlement of Bawa. In pursuance of the said order of Settlement Commissioner, Tehsildar (Sales), passed an order on 9th June, 1988, holding that the previous application for purchase stands dismissed on 31st May, 1979 and 23rd June, 1980, therefore, Bawa is not entitled to purchase as Balbir Kaur is in possession of the land sought to be purchased.