SADHU SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The instant writ petition has been filed for quashing the order dated 03.02.2014 (Annexure P-5), whereby legal notice served by the petitioner has been rejected. Brief facts of the case are that petitioner joined the Indian Army on 21.11.1959. He was recruited in Sikh Regiment (4 Sikh) and was allotted Sepoy No. 3348158. The petitioner took part in Indo China War (Chinese Aggression of 1962). During the war he suffered Gun Shot injury in the right arm including fore arm and right elbow. His right arm was operated upon and surgically a bone was put inside the right arm with four screws. It is averred that petitioner also remained in the custody of Chinese Army and was returned to the Indian Army in December, 1962. The petitioner was admitted in Army Hospital, Artificial Limb Centre, Pune and thereafter was sent to Merrut Unit. After examination, the disability of the petitioner was found to be 50% as per disability certificate dated 24.12.1964 (Annexure P-1) issued by the Army Medical Authorities. The petitioner superannuated from the Army service in the year 1965 and a provision was made in the Punjab Package Deal Properties (Disposal) Rules, 1976 (for short 'the 1976 Rules) for permanently disabled soldiers, widows or parents or children of soldiers killed in Chinese Aggression of 1962, Pakistan Aggression of 1965 and Indo-Pak Conflict of 1971 for allotment of land up to 10 ordinary acres of land.

(2.) The petitioner is stated to be owner of 12 kanals of land in Village Jodhe, Tehsil Baba Bakala, District Amritsar. In view of this, he is entitled to 68 kanals of land as per the policy and Rule 4(1) of the 1976 Rules.

(3.) For the purpose of allotment of land, the petitioner submitted an application dated 09.12.2013 (Annexure P-3) and legal notice dated 03.01.2014 (Annexure P-4). The claim of the petitioner has been rejected on the ground that last date for making the application was 27.01.1976 but the same was not filed within stipulated period. Hence, this writ petition.