BHAJAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The dispute pertains to the transfer of evacuee/inferior agricultural land measuring 16 kanals situated in village Nurpur Mand, Teh. Balachaur, District Hosiarpur comprised in Khasra Nos.17//9(8-0), 11(8-0) as per Annexure P-4. The case of the petitioner is that he is entitled for allotment of the said land on the ground that he was in possession of the same. Reliance has also been placed upon the Civil Court decree dated 22.2.1985(Annexure P-2) wherein injunction was granted to the petitioner.

(2.) The State in its written statement has pleaded that applications were invited from the unauthorised occupants of the surplus rural evacuee agricultural land, who were members of the scheduled castes and whose undisputed continuous cultivating possession was established from the entries in the Khasra Girdawaris from Rabi, 1982. Each occupant could get the land transferred to the limit of 5 ordinary acres, including his own holding, if any. The petitioner had sought transfer of land measuring 40 Kanals, comprised in Killa No.17// 6,7,8,9 to 11situated in village Nurpur Mand, Tehsil Balachaur, District Hoshiparpur. The petitioner was found eligible for the transfer of 24 kanals of land comprised in Killa No.6 to 8 which was transferred to him by the Tehsildar (Mahal)-cum-Sales, Balachaur vide his order dated 26.7.1985 and the conveyance deed was issued in his favour on 17.2.1986.

(3.) The petitioner was found ineligible for the transfer of remaining land measuring 16 kanals comprised in Killa Nos.9 and 11 on the ground that killa No.9 was shown in possession of one Sukhdev Singh, who is now impleaded as respondent no.4, while the other killa No.11 was shown in possession of the owner 'Central Government'. Accordingly, request of the petitioner qua the disputed land was rejected by the Tehsildar (Mahal)- cum-Sales, Balachaur. The petitioner never filed any appeal or revision against the order dated 26.7.1985 under Sections 8 & 9 of the Punjab Package Deal Properties (Disposal) Act, 1976 (hereinafter referred to "the Act") before the Sales Commissioner, Balachaur and the Chief Sales Commissioner, Hoshiapur before approaching this Court. Accordingly, it was pleaded that writ petition is liable to be dismissed for not exhausting the alternative statutory remedy.