HARDIT SINGH Vs. CUSTODIAN GENERAL, PB & OTHERS

JUDGEMENT

(1.) Brig. Hardit Singh, petitioner and his mother (Kirpal Kaur) purchased 7 Marlas of land in village Darapur, which is a suburb of Hosiarpur town (now Mohalla Guru Nanak, Nagar Howhiarpur) comprised in Khasra No. 221/63 from its Muslim owner Wali Mohammad son of Nabi Baksh, who was a co-sharer in the joint holding for Rs. 990/- by 10 unregistered sale-dees of Rs. 99/- each dated December 28, 1943. Mutations Nos. 671 to 680 dated July 29, 1948, entered on the basis of 10 unregistered sale-deeds were rejected by the Assistant Collector IInd Grade on March 29, 1948. The petitioner and his mother then filed a claim before the Assistant Custodian (Judicial) Hoshiarpur which was conditionally accepted vide order dated October 5, 1950, (P-2). This order reads :-

(2.) The petitioner did not obtain the requisite sanction of the Deputy Commissioner under the provisions of the Punjab Alienation of Lands Act (hereafter the Act). The land measuring 7 Marlas purchased by the petitioner in 1943 from its Muslim owner continued to be shown as evacuee property in the revenue records. This land along with another piece of evacuee land measuring 5 Marlas was auctioned by the Rehabilitation authorities in November, 1967 and the highest bid offered was that of Jatinder Lal Suri respondent No. 4. According to respondent No. 4 he has constructed a house over land purchased by him in November, 1967.

(3.) In 1976 the petitioner filed a petition before the Custodian-General under Section 27 of the Administration of Evacuee Property Act praying that land measuring 7 Marlas out of Khasra No. 221/63 be declared non-evacuee and further its auction by the Managing Officer in favour of respondent No. 4 be set aside. The Custodian-General vide order dated October 27, 1976 (P-1) held that the petitioner had not obtained the sanction of the Deputy Commissioner under the Act in terms of the order of the Assistant Custodian (Judicial) dated October 5, 1950 (P-2) and had further failed to spell out the reasons for not filing an appeal against the order of the Assistant Collector IInd Grade whereby the mutations in his favour were rejected. The petition filed by the petitioner under Section 27 of the Administration of Evacuee Property Act was consequently dismissed. It is against this order that the present writ petition has been filed.