MEHAL SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The prayer made in this petition under Article 226 and 227 of the Constitution of India is for the issuance of a writ in the nature of certiorari for the quashment of the order dated 28.2.2002 (Annexure P -9) passed by the Chief Settlement Commissioner, Haryana (Respondent No. 2) and the subsequent order dated 6.9.2002 (Annexure P -11) passed by the Commissioner arid Secretary to Government of Haryana, Rehabilitation Department (Respondent No. 1) vide which the allotment of the land made in favour of Gujjar Singh deceased, father of the petitioner, has been cancelled. Prayer has further been made for issuance of direction to the respondents to allot the land in the name of the petitioner, the allotment of which had been cancelled earlier by the authorities concerned. In lieu of the land abandoned by his deceased father Gujjar Singh in Pakistan at the time of partition of the country.

(2.) According to the petitioner, his father Gujjar Singh was a displaced person and he was holding agricultural land in village Mallowal, Tehsil Nankana Sahib, District Sheik -hupura, and also in village Badhana in District Lahore. Both these villages are now in Pakistan. His father was allotted land measuring 82 Standard Acres 10 -1/4 Units in lieu of the land abandoned by him while migrating to India due to communal disturbances. The said land was allotted to Gujjar Singh in village Mardamheri in Kaithal District which then was in District Karnal. The possession of the land was taken on 5.10.1950 and entry to this effect was also recorded in "Fard Takseern Arazi Matrooka". On the complaint made by Jagir Singh and Udham Singh, sons of Gurmukh Singh in the year 1952, the case was reopened and the Assistant Registrar cum Managing Officer, Land Claims Organisation (Respondent No. 4) passed the cancellation order dated 28.5.1953 canceling the land measuring 73 Standard Acres 14 -1/4 Units which was found to have been wrongly allotted to Gujjar Singh as due to clerical mistake, land measuring 297 Acres 1 Kanal 12 Marias belonging to one Gurdial Singh was shown in Chhant Jamabandi in the name of Gujjar Singh. Against the order of cancellation dated 28.5.1953, the present petitioner filed application before the Assistant Registrar for restoration of the land to the extent of 73 Standard Acres 14 -1/4 Units on 14.9.1971. However, the Assistant Registrar directed the petitioner to approach the appropriate authority against the order of cancellation and, accordingly, dismissed the application. Consequently, the petitioner filed appeal before the Additional Settlement Commissioner (Sales) cum Assistant Registrar, Haryana (Respondent No. 3, who dismissed the appeal vide order dated 12.6.1973 on the ground that the appeal is barred by time. The petitioner then approached the Chief Settlement Commissioner, Haryana, after obtaining certified copies of the relevant records from Pakistan. The Chief Settlement Commissioner, Haryana vide his order dated 28.9.1993 doubted the authenticity of the revenue record produced by the petitioner and dismissed the application filed by him. The application for review of the order dated 28.9.1993 was also dismissed by the Chief Settlement Commissioner on 21.12.1993. Thereafter, the petitioner filed revision petition under Sec. 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (for short "the Act"). The revision filed by the petitioner was also dismissed by the Financial Commissioner in limine on 26.4.1994 (Annexure P -3) on the ground that the revision petition was filed after a gap of 20 years and, consequently, it was held to be barred by time. Then the petitioner approached this Court by filing Civil Writ Petition No. 9602 of 1994 in order to get the orders passed by the Revenue Authorities cancelled. This Court vide judgment dated 3.4.1997 (Annexure P -5) remanded the matter to the Chief Settlement Commissioner, Haryana, to consider the claim of the petitioner afresh in the light of the material to be placed before him by the petitioner. After examining the matter on remand, the Chief Settlement Commissioner declined the prayer for rejection of the cancellation order dated 28.5.1953 passed by the Assistant Registrar (Land Claims) vide order dated 25.8.1998 (Annexure P -6). It was held by the Chief Settlement Commissioner that the description regarding soil of the land and the area mentioned in the Jamabandi for the year 1944 -45 produced by the petitioner did not tally with the kind of soil mentioned in the Parcha of Claim relating to village Bhadana (now in Pakistan) as submitted by Gujjar Singh, deceased father of the petitioner. It was further found by the Chief Settlement Commissioner that Khasra No. 186, 4085, 4088 and 4090 had been mentioned twice in the Jama Bandi of 1944 -45, produced by Mehal Singh petitioner. Not only this, the area of the Khasra Numbers also differed. Similarly some other contradictions were noticed by the Chief Settlement Commissioner. Further it was held by the Chief Settlement Commissioner in his order dated 25.8.1998 that the Khasra Nos. mentioned in the Jamabandi for the year 1944 -45 did not find mention in the Jamabandi for the year 1946 -47, which was submitted by the predecessor -in - interest of the petitioner i.e., his father Gujjar Singh. Against the order dated 25.8.1998 passed by the Chief Settlement Commissioner, the petitioner filed a revision petition before the Financial Commissioner and Secretary (Rehabilitation), Haryana who vide order dated 26.9.2000 again remanded the case to the Chief Settlement Commissioner after raising following queries: -

(3.) With regard to the first query, the Chief Settlement Commissioner obtained detailed report from the Assistant Registrar, who vide his report dated 29.10.2001 submitted as under: -