MOHAR SINGH SON OF RANGA SINGH, RESIDENT OF VILLAGE THAL, TEHSIL ASSANDH, DISTRICT KARNAL Vs. THE STATE OF HARYANA, THROUGH THE SECRETARY TO GOVERNMENT HARYANA, REHABILITATION DEPARTMENT, CIVIL SECRETARIAT, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) THE petitioner challenges the order by the authority constituted under the Displaced Persons (Compensation and Rehabilitation) Act of 1954. The petitioner is a purchaser from an allottee of a property viz. Jaimal Singh son of Sant Singh (7th respondent herein) in an extent of 5 standard acres and 5 1/2 units. It was sought to be cancelled by the State on the ground that the allottee had made a fraudulent representation as though he was entitled to the whole of the extent. The State's justification for cancellation of the allotment was that Jaimal Singh son of Sant Singh was entitled only to 2 standard acres and 7 1/2 units and while Jaimal Singh son of Mit Singh was entitled to 2 standard acres and 5 1/2 units. The allottee had taken advantage of the fact that he had the same name as another and got allotted the whole extent.

(2.) THE contention by the learned counsel for the petitioner is that there was no proof at all that there was yet another person by name Jaimal Singh son of Mit Singh and at no point of time he was involved in any enquiry. It was also contended that he was himself a bona fide purchaser having purchased the property from the original allottee for a consideration of Rs.60,000/ -on 17.05.1971. His contention was that the purchase was made nearly 21 years after the allotment and the cancellation could not have been made so as to affect his right as well.

(3.) THE writ petition is allowed but with directions as referred to above.