RAJIV SINGH Vs. CHIEF SETTLEMENT COMMISSIONER, HARYANA

JUDGEMENT

(1.) THIS order will dispose of civil writ petition No.9384 of 1987 titled 'Rajiv Singh vs. The Chief Settlement Commissioner, Haryana and others' and civil writ petition No.15129 of 2005 titled 'Rajiv Singh vs. The State of Haryana and others' For the sake of brevity, facts are being taken from civil writ petition No.9384 of 1987.

(2.) THE instant writ petition has been filed under Articles 226/227 of the Constitution of India for quashing the order dated 9.10.1987 (Annexure P -5) passed by Chief Settlement Commissioner, Haryana, and the order (Annexure P -6) passed by Assistant Registrar -cum -M.O., Haryana, Rehabilitation Department, Chandigarh, whereby allotment to the extent of 8 -13 S.A.S. in the name of Nadar Singh, has been cancelled.

(3.) THE basic purpose of these enactments was to rehabilitate the persons, who have migrated to India leaving their properties in Pakistan during the eve of partition. In the instant case, respondent No.5 - Nadar Singh, who alleged himself to be migrated from Pakistan and had abandoned his agricultural land in chuck No.178, Tehsil Chistian, District Bahawalpur, sought allotment of land. As a result of it, 8 standard acres 13 units land in village Khuian Malkhana, Tehsil Dabwali, District Sirsa, was allotted to Nadar Singh, which forms part of total land measuring 174 kanals 5 marlas. Ultimately, the said allotment was cancelled by Assistant Registrar -cum -M.O., Haryana, Rehabilitation Department, Chandigarh, vide Annexure P -6 (no date has been mentioned on the annexure). Against that order, Nadar Singh preferred an appeal, which too was dismissed and following order was passed: -