ISHAR KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The facts relevant to the matter here are that on May 25, 1955 an area ot 100-Kanals was allotted to sahan Singh under e Scheme for the Rehabilitation of political sufferers. This allotment was made under the (Colonization of Government Lands (Punjab) Act, 1912 thereinafter referred to as 'the Act'). A lease deed was executed with regard to this allotment on May 28, 1955 which is at Annexure R/2, to !he return filed by respondent 5:

(2.) On April 27, 1978, the said Sohan Singh died. The Collector, Hissar, thereafter passed an under (Annexure P/1) on 25-2-1977 directing the Tehsildar, Hissar. to enter they,. reputation in respect of this land in favour of the petitioner Smt. Tshar Kaur, who it is said was the widow of Sohan Singh; mutation of this land had also been sought by Narinder Singh respondent 5, who was the brother of the said Sohan Singh. This application was, however, declined.

(3.) It appeals that Narinder Singh respondent 5 questioned the mutation of this land in favour of the petitioner by filing an application before the Commissioner, Hissar Division, of March 28, 1977. The Commissioner took cognizance of this application and passed an order on April.27, 1977, whereby he set aside the order of the Collector, Hissar of February 25, 1977 (Annexure Ph) on the ground that the order of the Collector was void and illegal as the mutation had been entered without the approval in writing of the Commissioner.