MUKHTIAR SINGH Vs. HARDIT SINGH

JUDGEMENT

(1.) THE present Letters Patent Appeal is directed against the judgment of learned Single Judge dated 23.2.2005 passed in Civil Writ Petition No. 5115 of 1983.

(2.) THE challenge in the aforesaid writ petition was to the order dated 12.10.1982 whereby the revision filed by the present appellants under Section 10(4) of the Punjab Package Deal Properties (Disposal) Act, 1976, was accepted and order dated 15.2.1983 whereby the petition filed by the private respondents for review of the said order was dismissed.

(3.) THE appellant also made an application for allotment of said land which was decided by the competent authority on 20.12.1979. The claim for allotment of said land was declined on the ground that the land is under the ownership of the writ petitioner. The appellant challenged the said order in revision. However, without notice having been served, an ex parte order was passed on 12.10.1982 whereby the land was ordered to be allotted to the present appellant. The writ petitioner moved an application for review on deriving knowledge about the order, which application was dismissed on 15.2.1983. It was the stand of the appellant that when allotment was made in his favour, the land was reflected in the revenue record in the name of the Central Government and that in the Khasra Girdawari, the appellant is reflected in continuous possession of the property in dispute. Therefore, the learned Additional Commissioner was within his jurisdiction to pass the order of allotment of land to the appellant.