KARNAIL SINGH ETC Vs. STATE OF PUNJAB ETC

JUDGEMENT

(1.) The present intra-court Appeal has been preferred by the legal representatives of Jantar Singh, who was arrayed as respondent no.4 in the writ petition and are aggrieved against the order dated 2.11.2011 passed by the learned Single in Civil Writ Petition No.4505 of 1987 whereby the said writ petition was allowed and the orders dated 3.3.1985 passed by respondent no.3 and 16.4.1987 passed by respondents No.2 were set aside. Challenge has also been laid to the order dated 15.11.2012 whereby the review application was dismissed. Vide order dated 3.3.1986 by the Commissioner, Ferozepur Division, which has been set aside Jantar Singh's appeal had been allowed and allotment in favour of respondent no.4-Atma Ram herein as ejected tenant had been set aside with the direction to decide the case afresh by the Collector Agrarian, Fazilka. The said order was further upheld in revision by respondent no.2-Financial Commissioner, Punjab on 16.4.1987.

(2.) The learned Single Judge came to the conclusion that Jantar Singh, predecessor-in-interest of the present appellants had no right to allotment since he was not an ejected tenant and merely being a landless person could not claim any right and object to the allotment which had been made in favour of respondent no.4 herein, who was the writ petitioner and consequently allowed the writ petition by setting aside the order of remand which had been upheld by the Financial Commissioner.

(3.) Counsel for the appellants has contended that respondent no.4 had furnished wrong affidavit and was also owner of land, therefore, he was not liable to be allotted the land, thus, the learned Single Judge had erred in setting aside the impugned orders challenged in the writ petition.