SHANKAR SINGH Vs. CHIEF SETTLEMENT COMMISSIONER ETC

JUDGEMENT

(1.) This petition has been filed by Shankar Singh a displaced person from West Pakistan. In lieu of the land left by him in West Pakistan he was allotted 18 standard acres 3/4 units of land. The case of the petitioner's allotment came up for scrutiny before Shri Manwani, Mukhtiar-kar-Cum-Managing Officer on December 30, 1960, who held that an area of 4 standard acres 2-1/2 units was in excess with the petitioner.

(2.) The petitioner filed an appeal against the order of the Managing Officer before the authorised Settlement Commissioner, who vide his order dated April 29, 1961, set aside the order of the Managing Officer and remanded the case to him for fresh decision. The case was then considered by the Managing Officer and was decided on August 28, 1961. But again the order of the Managing Officer was set aside by the Authorised Settlement Commissioner by his order dated January 3, 1962. In the meantime, the petitioner brought a copy of the Jamabandi (Form No. IV) from Pakistan which was duly attested by the High Commissioner for India in Pakistan. Shri H.S. Grewal, Managing Officer perused the Jamabandi produced by the petitioner. This Jamabandi had shown that the petitioner had made the full payment and it was held by Shri Grewal vide his order dated August 29, 1962 that he was holding an excess area to the extent of 2.9-3/4 standard acres which was cancelled by the said order (copy Annexure 'A' to the petition. The petitioner again filed an appeal against the aforesaid order of the Managing Officer which was decided by the Authorised Settlement Commissioner on January 29, 1963, and the order of the Managing Officer was modified to the extent that the petitioner was holding only 1.12-1/2 standard acres in excess.

(3.) The petitioner paid Rs. 1412.50 as a price of the excess land and the sale was also confirmed. This was done on June 21, 1963. It was after more than two years that again the Managing Officer on 27th of August, 1965, made a reference to respondent No. 1 that the petitioner's allotment be reduced from 18.3/4 standard acres to 10.1-1/4 standard acres and that the order of Shri Grewal dated 29th of August, 1962, be modified to that extent.