MAJOR ZORAWAR SINGH Vs. FINANCIAL COMMISSIONER (REVENUE)

JUDGEMENT

(1.) The petitioners have challenged the order dated February 5, 1980 passed by the Financial Commissioner (Revenue) and Secondary to Government, Rehabilitation Department with delegated powers of Central Government under Section 33 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 (for short, the Act) in this petition under Articles 226/227 of the Constitution of India.

(2.) The petitioners are successors-in-interest of Raghbir Singh, who was allotted rural-agricultural land measuring 33-81/ standard acres situate in the revenue estate of village Akalgarh, tehsil Sunam, district Sangrur against the claim with respect to the land left by him in Pakistan. Petitioner No. 1 made an application on March 21, 1960 before the Managing Officer for checking and making allotment on permanent basis. Shri Harbhajan Singh Grewal, Mukhtiar-Kar-cum-Managing Officer, Rehabilitation Department, Punjab, Jullundur, on examination of the record, allowed additional allotment of land measuring 12-4 standard acres vide order dated December 20, 1963. During the preparation of Directory, the allotment case of the petitioners was re-examined and it came to light that the area abandoned in village Kut Kai Tehsil Hala, District Hyderabad was situated in a non-Barrage area, i.e. non-perennial. Therefore, a reference was made to the Chief Settlement Commissioner for setting aside the order dated December 20, 1960 passed by Mukhtiar-Kar-cum-Managing Officer. The reference was accepted by the Chief Settlement Commissioner, vide his order dated October 15, 1963. One of the petitioners challenged that order in revision petition, which was accepted by the Chief Settlement Commissioner vide his order dated December 17, 1969 and the case was remanded for fresh enquiry after hearing the petitioner. The Assistant Registrar-cum-Managing Officer again made a reference on April 29, 1976 for setting aside the permanent rights in respect of 10-11 standard acres of excess allotment of land. The Chief Settlement Commissioner returned the reference vide order dated May 17, 1977 for re-examination of the record in depth, hearing Major Zorawar Singh and then making a fresh reference, if necessary. The Assistant Registrar(L)-cum-Managing Officer made a fresh reference, which was accepted by the Chief Settlement Commissioner vide his order dated July 6, 1978. This order was unsuccessfully challenged in revision under Section 33 of the Act. The correctness of this order is assailed in this writ petition.

(3.) I have heard the learned counsel for the parties. A perusal of the record indicates that the officers have not correctly appreciated the controversy in dispute. The successor officers have tried to read something in the order of their predecessor, which is non-existent. Suo motu reference was made under Section 24 of the Act to the Chief Settlement Commissioner recommending the setting aside of permanent rights acquired by the petitioners predecessor in respect of the area measuring 10-11 standard acres in village Sunam, District Sangrur. The reference was answered by the Chief Settlement Commissioner vide his order dated May 17, 1977 by observing thus :-