GURDEV SINGH Vs. CHIEF SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) Teja Singh deceased and now represented by his legal representative Ram Singh was allotted land measuring 5 Standard Acres 13-3/4 Units in village Sultanpur, Tehsil Ropar in lieu of the land left by him in Pakistan. He obtained permanent rights qua the allotted area on January 9, 1956. On January 24, 1961, the Managing Officer cancelled his allotment to the extent of 1. 1. Standard Acre on the ground that his land in Pakistan stood mortgaged with a Muslim and that he had failed to pay the mortgage amount. The cancelled area was auctioned and Gurdev Singh appellant offered the highest bid. His bid was confirmed on September 9, 1966, and after the completion of formalities he was issued conveyance deed on September 19, 1966.

(2.) Teja Singh filed an appeal against the order of the Managing Officer dated January 24, 1961, which was allowed on June 19, 1967, Gurdev Singh appellant filed a revision against the order dated June 19, 1967, which was also allowed by the Chief Settlement Commissioner on September 6, 1967. and the order dated June 19, 1967, was set aside and the case was remanded to the Settlement Commissioner for fresh decision. The Settlement Commissioner again decided the matter in favour of Teja Singh vide order dated January 18, 1969. The sale by auction of the land in favour of the appellant was set aside. Gurdev Singh appellant filed a revision against the order of the Settlement Commissioner which was allowed by the Chief Settlement Commissioner by order dated February 18, 1970, The order of the Settlement Commissioner dated January 18, 1969, was set aside and the sale by auction in favour of Gurdev Singh appellant was restored. Teja Singh assailed the order of the Chief Settlement Commissioner dated February 18, 1970, in C. W. P. No. 1173 of 1970 which was allowed by the learned Single Judge vide order dated August 23, 1980. against which the present letters patent appeal is directed.

(3.) The learned Single Judge has held that the Managing Officer had no jurisdiction to cancel the allotment of Teja Singh allottee on the ground that his land in Pakistan stood mortgaged with the Muslims in Pakistan and he had not paid the mortgage amount. The learned Single Judge has further held that in this context it is irrelevant that Teja Singh allottee may have himself agreed to the cancellation of the area in lieu of the payment of mortgage amount.