HAR KAUR Vs. CHIEF SETTLEMENT COMMISSIONER, (PUNJAB) JULLUNDER

JUDGEMENT

(1.) This letters patent appeal is directed against the order of the learned Single Judge dated June 2, 1983, whereby the writ petition challenging the order of cancellation of allotment passed by the Chief Settlement Commissioner, Punjab, in favour of Babu Singh, respondent, was dismissed.

(2.) The said Babu Singh was entitled to the allotment of 34 standard acres 4-1/2 units of land in lieu of the land abandoned by him in Pakistan. He was allotted land to the extent of his entitlement in village Chakkar, Tehsil Jagraon, District Ludhiana. He was also allotted land in pieces in eleven villages in Tahsil Moga, District Ferozepur. One Shangara Singh claiming to be the attorney of Babu Singh allottee obtained permanent rights with respect to the land allotted in villages in Tahsil Moga, Distt. Ferozepur and further sold the area allotted in villages Phulewala and Gholian Kalan to the writ petitioners. The rehabilitation authorities detected double allotment made in the name of Babu Singh, respondent. The plea of Babu Singh, respondent, before the Rehabilitation authorities was that he was not concerned with the land allotted in various villages in Tahsil Moga District Ferozepur, nor Shangara Singh was his attorney. The Chief Settlement Commissioner vide order dated October 4, 1972, Annexure Rule 2/1 cancelled the allotment made in the name of Babu Singh, respondent, in all the eleven villages including - Phulewala and Gholian Kalan The land cancelled from the allotment of Babu Singh in villages Phulewala and Gholian Kalan was fixed up for auction on March 3, 1977. The present writ petition was filed assailing the proposed auction of the land which they had allegedly purchased from Babu Singh, respondent, through his attorney Shangara Singh. The contention raised before the learned Single Judge was that the petitioners were not in know of the order passed by the Chief Settlement Commissioner dated October 4, 1972. They being the vendees of the suit land were entitled to the land before the cancellation order was passed. The said contention was negatived by the learned Single Judge on the ground that the cancellation order had not been challenged in the writ petition. Secondly, the Chief Settlement Commissioner had recorded the presence of Shri Lal Chand Mehra, Advocate, on behalf of the vendees of the land. In these circumstances, the petitioners could not justifiably oppose its disposal by auction. Consequently, the writ petition was dismissed.

(3.) The learned counsel for the appellants submitted that since they were the bona fide vendees from Babu Singh through their attorney Shangara Singh, they were entitled to the notice before allotment could be cancelled.