JASWANT RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners allege that their father Kesar Singh was the land holder in village Deh Sanghi, Tehsil Nawabshah (now in West Pakistan). After partition, said Kesar Singh migrated to India. He was allotted 4 standard acres and 8 units of land in village Sewan, District Kaithal. Kesar Singh remained in possession of this land for a period of 3 to 4 years. However, allotment in favour of Kesar Singh was cancelled by the respondents on the basis of wrong revenue record received from Pakistan. Representation was made by Kesar Singh on which his allotment was restored. Said Kesar Singh tried to obtain correct revenue record from Pakistan but he could not succeed on which respondent No. 3 cancelled the entire allotment vide order dated 15.9.1960. Under the policy decision taken by the State of Punjab, all the occupants of the land who were in continuous possession prior to Kharif, 1960 were entitled to purchase 5 standard acres of land at reserve price. However, Tehsildar Sales vide notice dated 6.8.1967 directed Kesar Singh to purchase land upto 5 standard acres at the current market price instead of reserve price. This notice was illegal. Revision petition filed by Kesar Singh was also dismissed by the then Authorised Chief Settlement Commissioner on 19.2.1968. The Secretary, Ministry of Rehabilitation, Government of India also rejected the appeal/representation on 9.1.1969 on which Kesar Singh filed Civil Writ Petition No. 958 of 1969.

(2.) The said writ petition was accepted by this Court vide order dated 14.7.1981. Letters Patent Appeal No. 1040 of 1981 was also dismissed by this Court vide order dated 26.11.1994. However, order passed by this Court dated 14.7.1981 was not complied with by the respondents on which the petitioners filed COCP No. 517 of 1991 but with no result.

(3.) Hence, the present writ petition was filed by the petitioners with the prayer that direction given by this Court on 14.7.1981 in Civil Writ Petition No. 958 of 1969 be got implemented.