RAM SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner, a displaced person from district Rahimyar Khan, Bhawalpur State now in West Pakistan, migrated to India on the partition of the Country. Immediately on his migration to India, the petitioner filed an application for claim as well as for allotment of land. After a number of visits to the office of the Rehabilitation Authorities at Jalandhar, the petitioner was told that his application had been misplaced. Thereafter, in the year 1949, the petitioner filed a similar application before the Rehabilitation Authorities at Jaisalmer House, New Delhi, claiming the same reliefs. Finally vide letter dated 23rd Dec., 1959, (Annexure P-1) the claim was duly verified and 9 units of agricultural land was required to be allotted to him and his brother Man Singh jointly. As per the averments in the petition, Man Singh, brother of the petitioner, died on 10.6.1973 leaving the petitioner as his heir. The claim of the petitioner is that he has now become entitled to have the entire area comprising 9 units in lieu of the land left by him and his brother in Bahawalpur State, as the land was in their joint name. The averment made in the petition further shows that despite the claim of the petitioner having been verified and in spite of numerous visits and enquiries made by him from the Rehabilitation Authorities, no land was allotted to him. A number of letters have been annexed to the petition (Annexures P-4 to P-18) which do indicate that correspondence had been maintained by the petitioner with the Rehabilitation Department. Having been frustrated in his attempt to secure an allotment in his favour, the petitioner has filed the present writ petition praying that a writ in the nature of mandamus be issued to the respondents directing them to allot 9 units of land to him.

(2.) Notice of motion was issued on the writ petition on 2nd June, 1986. Nobody appeared in response to the notice on behalf of respondent No. 1 and exparte proceedings were ordered against that respondent on 5th Aug., 1986. By the same order, respondent No. 2, i.e. State of Punjab was also allowed to file the reply and the case was adjourned to 22nd Oct., 1986. On 22nd Aug., 1986, the matter was admitted for regular hearing.

(3.) No written statement has been filed by any of the respondents in reply to this petition. As such, the averments stated in the petition are deemed to be correct. In fact, from the reading of the correspondence and various documents filed, it is abundantly clear that a verified claim does exist in favour of the petitioner.