STATE OF PUNJAB Vs. FAUJA SINGH

JUDGEMENT

(1.) The State of Punjab and others have filed this appeal under Clause X of the Letters Patent against the judgment of a learned Single Judge of this Court dated 9th September, 1981, by which Civil Writ Petition No. 3362 of 1970, filed by the respondents was allowed and a direction was issued to the authorities to consider the case for transfer of the property in dispute on payment of reserve price to the respondents after ignoring the provisions regarding limitation.

(2.) In order to appreciate the controversy certain salient features of the case may be noticed.

(3.) The respondents are Rai Sikhs. They are displaced persons. The land in dispute was originally allotted to one Jhanda Singh, who inducted the respondents as tenants. The allotment in favour of Jhanda Singh was cancelled in the year 1967. The land in dispute was sought to be put to auction when Civil Writ Petition No. 3362 of 1970 was filed by the respondents for issuance of an order to the authorities to transfer the land in dispute at reserve price to them.