AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE predecessor -in -interest of the petitioners, Natha Singh, was allotted land in village Taraf Insar, Panipat, in lieu of the land left by him in Pakistan. The land to the extent of 11 standard acres, 13 -1/2 units, was allotted upon oral verification. Upon receipt of the record from Pakistan, it was found that land to the extent of 4 ­ 10 -1/2 standard acres had been allotted in excess. The Chief Settlement Commissioner vide order dated 20.5.1965 set aside the allotment of the excess land. Natha Singh filed Civil Writ Petition No.559 of 1967 in this Court impugning such action. The writ petition was dismissed on 13.10.1980 with the following observations:

(2.) APPARENTLY , the Additional Settlement Officer (Sales), Karnal, acting upon an application having been submitted for purchase of the excess land, passed an order dated 20.7.1988 assessing the price at Rs.33,000/ - per acre. The Tehsildar (Sales), Karnal, vide order dated 19.8.1988, offered the transfer of land measuring 24 Bighas 12 Biswas comprised in Khasra Nos.247M (0B -9B), 248 (3B -18 -B), 249 (4B -4B), 250 (5B -5B), 251M (4B -9B) and 5249/4M (6B -9B) (5A -14M) for a total price of Rs.1,67,898/ - and called upon the petitioners to deposit Rs.41,975/ - i.e. 1/4th of the total price subject to approval of the Settlement Commissioner i.e. the competent authority. The amount of Rs.41,975/ - was duly deposited. Tehsildar (Sales), Karnal vide communication dated 23.8.1988 forwarded the matter for approval, but such proposal was ostensibly returned as the same was not supported by the revenue records as also for the reason that the price of a part of the land had not been got assessed and the rent for the use and occupation of the land had not been got deposited. The Tehsildar (Sales), vide communication dated 26.5.1989, reported the matter to the Settlement Commissioner clarifying that in the order dated 19.8.1988, the area of Khasra No.248 which was in possession of Natha Singh is 3B -18B, whereas price of 3B -16B had been assessed and, consequently, including the price of 2B, the total price of the land now comes to Rs.1,69,744/ -. The Tehsildar (Sales), Karnal also submitted his report dated 15.7.1990 to the effect that rent amounting to Rs.11,870/ - for use and occupation of the land had also been deposited on 22.6.1989 and that the land in question is sub -urban/one km. away from the municipal limits of Panipat. Thereafter, Settlement Commissioner passed an order dated 30.11.1990 to the following effect:

(3.) AT this stage, the petitioners filed Civil Writ Petition No.10060 of 1991 impugning the order dated 2.4.1991. The writ petition was found to be pre -mature as the price pertaining to the excess land had not yet been fixed by the competent Authority and the writ petition was disposed of on 28.11.1991 in the following terms: