LAWS(P&H)-1962-11-21

MOHAN LAL SHARMA Vs. CENTRAL GOVT

Decided On November 06, 1962
MOHAN LAL SHARMA Appellant
V/S
CENTRAL GOVT.THROUGH THE SECRETARY, MINISTRY OF Respondents

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution which has been referred by a learned Single Judge for decision to a Bench.

(2.) THE petitioner is a displaced person from Pakistan where it is alleged that his father owned land in Chak No. 14 and Toola in Bahawalpur State. As the jamabandis of these villages had not been received from Pakistan, the petitioners father Balmokand Sharma was allotted land, the allotment being temporary to the extent of 63. 3 standard acres in village Gahmniwala, Tehsil Fatehabad, on the oasis of oral verification. A Sanad was granted in respect of this land in which it was mentioned that the allottment was rem-porary. It was further stated therein that the land was being allotted in terms of notification No. 4891-S and notification no. 4892-S dated 8th July 1949. These notifications had been issued in pursuance of powers conferred by the rules made by the State Government under Clauses (f) and (ff) of Sub-section (2) of Section 22 of the East Punjab Evacuees (Administration of Property) Act, 1947.

(3.) THE jamabandi of Chak No. 14 was received tram Pakistan but unfortunately the jamabandi ot village leora had not been received so far. On Z6th October 1959 the punjab Government issued a memoranudm (copy of which is Annexure '8') to the land Claims Officer, Punjab, Juffundur, with regard to grant of Sanads to displaced land allottees whose claims were verified on the basis ot oral evidence. The relevant part of this memorandum may be usefully set out: