DATAR SINGH Vs. FINANCIAL COMMISSIONER, PUNJAB

JUDGEMENT

(1.) THE father of the petitioners was owner of land in West Pakistan and after being displaced therefrom staked his claim for commensurate allotment pursuant to the Punjab Package Deal Properties (Disposal) Act/Rules, 1976 (hereinafter referred to as "the Act"). He was allotted land in village Batala Sharki, Batala Garbi, Kala Afgana and Badowal Kalan, Distt. Gurdaspur. However, the dispute was raised which relates to 8 standard acres 8-3/4 units of village Badowal Kalan. In fact, this area was allotted to one Smt. Dayal Kaur widow of Isher Singh through her legal heirs Buta Singh son of Kesar Singh, Surain Singh son of Bila Singh, Asha Singh son of Mulla Singh and Jagir Singh son of Teja Singh of village Badowal, Tehsil Batala, District Gurdaspur and excess area measuring 5 standard acres 5-1/2 units was cancelled vide order dated June 26, 1961, by the Chief Settlement Commissioner, Punjab, Jalandhar. A review petition was filed by the aforestated legal heirs, which was dismissed by the Chief Settlement Commissioner vide order dated March 6, 1968. The aforestated orders were challenged by way of CWP No. 1243 of 1968, which was dismissed by this Court vide order dated April 5, 1968, the Special Leave petition registered as Civil Appeal No. 1381 of 1969, was dismissed on December 1, 1978. Resultantly, the allotment made to Kartar Singh on 3.1.1967, was upheld. As a sequel thereto the Rehabilitation Department was bound to put the petitioner into possession of the land so allotted. Instead the land was allotted to some other private respondents. The petitioners filed revision petition before the Chief Sales Commissioner, Gurdaspur against the order of Tehsildar Mall-cum-Sales Batala as well as order of confirmation of Sales made by the Sales Commissioner, Batala. The hearing of the case was adjourned sine die by order dated 11.6.1997. The petition filed under Section 15(1) of the Act, was dismissed vide order dated 25.11.2003, this order as also the order dated 11.6.1997, have been made the subject-matter of challenge in the present petition.

(2.) NOTICE of motion was issued and the respondents have filed written statement. The stand of the respondents is totally misconceived and the evasive reply has been filed, though, it has been admitted that the file relating to the claim of the petitioners could not be located and it has been averred that the alleged allotment record pertaining to the petitioners is not available with the department. Resultantly, the petitioners are themselves responsible to prove the genuineness of their allotment in village Badowal Kalan.

(3.) A strange reply has been filed by the respondents through Mr. Viney Sharma, Tehsildar Mall-cum-Sales, Batala. It looks that the Chief Sales Commissioner, Gurdaspur, evaded himself from filing the written statement in this Court. Such practice on the part of such officer is deprecated. On the one hand ridiculous orders are passed observing that the file is not traceable and, therefore, in the absence of the original order, it is not possible for the official to dispose of the revision petition. The revision petition has been adjourned sine die for a period of three months or till the whereabouts of the allotment files are traced out by the parties. It shall be apposite to notice the observation of the official concerned, which reads as under :