BHIM SEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS seek quashing of orders of Chief Settlement Commissioner dated 16.6.1994, Annexure P -2 and of Tehsildar (Sales) -cum -Managing Officer dated 1.6.1994, Annexure P -1, with further direction to the respondents to sell the land to the petitioners as per law.

(2.) PETITIONERS claim themselves to be displaced persons, Harijans, members belonging to Backward Classes and landless labourers. They lay claim to the property being in their cultivating possession since 1968 on the basis of press notes, Annexures P -3 to P -5. According to the petitioners, the aforesaid instructions relate to rural and Sub -urban evacuee lands and so they have a right to purchase the same in terms of the aforementioned instructions of the Government. So the proceedings initiated by Tehsildar (Sales) Cum -Managing Officer declining then -dispossession vide order Annexure P -1 and the affirmation of the order by the Chief Settlement Commissioner, Annexure P -2, are not only contrary to the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as 'the Act') and the rules/instructions of the Government but otherwise unjust and un -sustainable and hence liable to be quashed.

(3.) THE answering respondents have taken the following preliminary objections: -