DILAWAR SINGH Vs. THE STATE OF PUNJAB, ETC.

JUDGEMENT

(1.) THIS order will dispose of Civil Writs Nos. 2645 of 1972 Piara Singh and Ors. v. State of Punjab and Ors. 2747 of 1972 Dilawar Singh v. The State of Punjab and Ors. 2748 of 1972 Malook Singh and Ors. v. The State of Punjab and Ors. 2808 of 1972 Shingara Singh and Ors. v. The State of Punjab and Ors. and 2903 of 1972 Joginder Singh and Ors. v. The State of Punjab and Anr. as some common questions of law and fact are involved. In all these cases, the Respondents have not chosen to appear or file their written statements and therefore, these cases have to be decided on the material which has been brought on record by the Petitioners and without any assistance from the Respondents for deciding the constitutional point involved.

(2.) IN order to decide the common question of constitutional validity of the impugned notification, it is sufficient to state the facts of Civil Writ No. 2747 of 1972. The Petitioner in this case is a landless person belonging to Rai Sikh community. He has been cultivating land measuring 90 Kanals 8 marlas in village Lakhmirke Hithar, Post Office Mamdot, district Ferozepur, since 1953, the details of which are mentioned in paragraph 2 of the petition. All the evacuee properties were acquired by the Central Government under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, and unallotted rural evacuee land was transferred to the State of Punjab by means of the 'Package Deal' in 1961. The land in dispute forms part of that package deal. The State of Punjab, by means of press -notes from time to time, declared its policy of transferring the lands to the occupants, provided their occupation was continuous from a particular crop, on reserve price, thus enabling them to purchase the same. The Petitioner has filed a copy of the press note issued by the State Government in the Rehabilitation Department on July 13, 1967, according to which an occupant of the evacuee land was entitled to purchase the land in his occupation upto 5 standard acres or 10 ordinary acres, whichever was less, provided he was in continuous possession thereof from Rabi 1965 or earlier and provided his possession was intact according to the entries appearing in the Khasra Girdwaris. All persons considering themselves eligible for the transfer of surplus evacuee lands were directed to apply to the Tahsildar (Sales) of their respective jurisdiction by October 16, 1967, at the latest, after which no application was to be entertained. Admittedly, the Petitioner did not apply for the transfer of land under this press note. Thereafter, another public notice was issued wherein it was mentioned:

(3.) THE Applicants for land were also directed to file certain documents, the details of which need not be stated. The Petitioner admittedly did not avail of this opportunity as well. Thereafter, the State Government decided to sell evacuee lands by auction restricted only to the members of the Scheduled Castes. The land of the Petitioner was notified by notice dated July 25, 1972, for such an auction to be held on August 24, 1972. It is at this stage that the Petitioner filed the present petition on August 21, 1972, for quashing the auction notice and for issuance of an appropriate writ directing the Respondents to transfer to the Petitioner the area in his possession on reserve price.