VIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 27/6/2024 whereby Financial Commissioner (Revenue) has directed the petitioner to approach Director, Defence Services Welfare, Punjab for cash grant in lieu of land as per notification dtd. 19/10/2016.

(2.) The petitioner is widow of Havaldar Mukhtiar Singh who sacrificed his life during Indo-China War of 1962. The State Government as per Punjab Package Deal Properties (Disposal) Rules, 1976 (for short '1976 Rules') allotted land to dependents of soldiers who sacrificed their life during Indo-China War. The petitioner is a 92 years old lady. She preferred CWP No.2990 of 2015 before this Court seeking direction to respondents to allot her 10 ordinary acres of land under Rule 4 of 1976 Rules. The said petition was disposed of vide order dtd. 20/11/2023 with a direction to Deputy Commissioner, Kapurthala to examine the record and pass an order with respect to claim of the petitioner. Relevant extracts of order dtd. 20/11/2023 read as:

(3.) Thus, the contentions of respondent-State of Punjab in the affidavit filed by Deputy Commissioner that the record from Rajasthan is not available is of no consequence as the affidavit of Bharti Fulfakr, SDM, SriVijay Nagar has been placed on record wherein it is stated that no land was allotted to the petitioner.