SUKHWANT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present writ petition is directed against the order dated 5.3.1990 passed by the Chief Settlement Commissioner, Punjabrespondent No.2, upholding the order dated 8.4.1963 passed by the Assistant Settlement Commissioner, exercising the powers of the Settlement Commissioner, Punjab-Respondent No.3, thereby, non-suiting the petitioner on the ground that predecessors-in-interest of the petitioner failed to apply for allotment upto the stipulated date i.e. 31.12.1963 fixed in the press note issued by the State Government under Rule 67(A) of the Displaced Persons (C&R) Rules, 1955 (for short 'Rules of 1995').

(2.) Facts of the case are hardly in dispute. Petitioner was entitled for allotment of an additional area to the extent of 1-9 standard acres, so as to make good the deficiency in the allotment made in favour of the petitioner and to satisfy his unsatisfied claim. The claim of the petitioner was considered by respondent No.3. However, while passing the order dated 8.4.1963 (Annexure P-1), he expressed his inability to pass any order on the application of the petitioner because the same was to be examined by the Managing Officer as per the procedure prevalent at that time. Accordingly, he forwarded the application of the petitioner to the Managing Officer, Muktsar. Feeling aggrieved, petitioner filed his revision petition before respondent No.2, who dismissed the same vide impugned order dated 5.3.1990 (Annexure P-2) observing that since the petitioner did not apply in time, he would not be entitled for any further allotment.

(3.) Notice of motion was issued and pursuant thereto, written statement was filed on behalf of the respondents. Case was admitted for regular hearing. That is how, this Court is seized of the matter.