STATE OF PUNJAB Vs. CHINDER PAL

JUDGEMENT

(1.) Attu Ram, a Harijan of village Mudki, Tehsil and District Ferozepur, was allotted 71 Kanals and 2 Marlas of land in the year 1902 by the Collector, Ferozepur, against the price of Rs. 1,777/50 Paise which was to be paid in twenty equated half-yearly instalments. It is averred in the petition that Shri Attu Ram continued to pay regularly the instalments when they fell due. It is admitted in the written statement filed by the Collector, Ferozepur, that instalments upto Rabi 1968 had been deposited by Shri Attu Ram and six instalments were still due when the allotment was cancelled. For cancellation of the allotment, notice was issued to Shri Attu Ram by the Collector, Ferozepur, on December 24, 1968, stating that the allotment of Nazool land made to him on April 4, 1962, was not in accordance with law and the Rules and he was required to show cause why the allotment made in his favour should not be cancelled. Shri Attu Ram sent a reply to that notice but the allotment in his favour was cancelled by the Collector, Ferozepur, on July 1, 1969. Shri Attu Ram died on July 15, 1969, and the order of cancellation of allotment of land in his favour was challenged by his son, Chinder Pal, through Civil Writ No. 2456 of 1969. That petition was accepted by the learned single Judge by order dated November 11, 1970, and the impugned order was quashed. It was stated before the learned Judge that Chinder Pal, respondent, had already been dispossessed from the land in question and the learned Judge directed the appellant to restore the possession of the land to him within two months.

(2.) Learned counsel for the respondent No. 1 has stated at the Bar that the possession of the land was restored to Chinder Pal, respondent, and the instalments remaining due towards the price of the land have also been paid by him. He has shown us a certificate showing that no amount on account of price of the land is due from him.

(3.) Against the order passed by the learned single Judge, the present appeal has been filed by the State of Punjab and the Collector, Ferozepur, under clause X of the Letters Patent. Their learned counsel has argued that the land allotted by the Collector, Ferozepur, to Attu Ram on April 4, 1962, was not Nazool land according to the definition in the Nazool Lands (Transfer) Rules, 1956 , hereinafter called the Rules. These Rules were made by the Government of Patiala and East Punjab States Union, and were adopted by the Punjab State after the merger of the States of Punjab and Pepsu, with effect from November 1, 1956. "Nazool land" is defined in Rule 2(d) to mean -