SUBHA SINGH Vs. GIAN SINGH

JUDGEMENT

(1.) The appellant is aggrieved by the judgment of the learned Single Judge, by which the writ petition filed by the private respondents was allowed. A few facts may be noticed.

(2.) Teja Singh, the father of the appellant was allotted land measuring 18 Standard Acres 7 Units in Village Longiwind, Tehsil Zira, District Ferozepur in lieu of the land left by him in Pakistan. On December 23, 1960, allotment in, respect of land measuring 5 Standard Acres 4-3/4 Units was cancelled as Teja Singh had mortgaged the said area of land in favour of Muslims prior to his migration to India and had failed to deposit the mortgage amount in respect of this land. A part of this area was allotted to Wadhawa Singh etc. The remaining land measuring 18 kanals 16 marlas was sold in open auction to Gian Singh and Thakar Singh. The action of the Department in cancelling the allotment of land measuring 5 Standard Acres 4-3/4 Units was challenged initially by Teja Singh. However, after his death, the appellant who is his son stepped into his shoes. His claim was finally accepted by Financial Commissioner vide order dated June 21, 1983, a copy of which has been produced as Annexure P-3. It was held that the order of the Managing Officer cancelling the allotment of land was void ab-initio and all subsequent proceedings would automatically stand vitiated. Accordingly, the case was remanded to the Assistant Registrar (L), the Managing Officer, Rehabilitation Department for a fresh decision. Aggrieved by this order, the allottees of the land as also the auction purchasers filed Civil Writ-Petition No. 5359 of 1983 in this Court. The writ petition was allowed "to the extent it relates to Thakar Singh deceased and Gian Singh" who were the auction purchasers. The order of the Financial Commissioner was quashed and those of the Assistant Settlement Commissioner and the Chief Settlement Commissioner (Annexures R-1 and P-2 with the writ petition) were restored. Aggrieved by this judgment, Subha Singh who is the son of Teja Singh has come up in the. present appeal.

(3.) We have heard Mr. P.C. Mehta, learned counsel for the appellant and Mr. Amrit Lal Behal, learned counsel who has appeared for the auction purchasers viz. respondent Nos. 1 to 11.