MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have filed this writ petition invoking the certiorarial jurisdiction of the Court under Article 226 of the Constitution of India to quash the order of Financial Commissioner, Revenue and Secretary to Government, Punjab. Rehabilitation Department, Jalandhar dated 9. 1. 1981.

(2.) THE brief facts leading to the filing of this writ petition may be stated as follows:one Hira Singh was a displaced person from the West Pakistan, where he abandoned agricultural land at the time of partition of thee country in the year 1947. He was allotted agricultural land in village Qadrabad. The said Hira Singh sold a part of the land allotted to him through registered sale Deeds dated 4. 9. 1962 in favour of the petitioners. The petitioners obtained possession of the lands purchased by them, developed the same and made substantial improvement. Some time in the year 1966, the Managing Officer of the Rehabilitation Department found that the original allottee Hira Singh was holding excess allotment of the land to the extent of 4. 7-1/2 standard acres. Accordingly, he recommended cancellation of the proprietary rights in respect of the excess area to the Chief Settlement Commissioner, who vide his order dated 19. 7. 1966 cancelled the proprietary rights in respect of the excess area. The petitioners made an application to the Chief Settlement Commissioner for setting aside the ex-parte order dated 19. 7. 1966, who remanded the matter to the Managing Officer for a fresh decision. After the remand, the Managing Officer by his order dated 3. 5. 1968 retrieved the excess area from the areas purchased by the petitioners. Aggrieved by this order, the petitioners filed an appeal before the Assistant Settlement Commissioner, who was exercising the powers of Settlement Commissioner, Punjab, which was allowed by him vide his order dated 11. 6. 1968 with the direction that the excess area be retrieved proportionately from the land which is the subject matter of the Sale Deeds at the point of time. The Settlement Commissioner also directed that if the petitioners were prepared to purchase their respective shares, the same should be sold to them in accordance with the rules. The Managing Officer accordingly allowed the purchase of the excess area to the petitioners at one and a half times the normal rates by his order dated 18. 12. 1975. Feeling aggrieved by the said order charging higher rates than the normal rates, the petitioners filed an appeal before the Assistant Settlement Commissioner who dismissed the same by his order dated 27. 2. 1978. Then they preferred a revision petition before the Chief Settlement Commissioner, who allowed the same vide his order dated 28. 12. 1978 (Annexure P-4) holding that the price for the cancelled land would be charged at the rates prevalent in the year 1968 as they had applied for the purchase of the cancelled area in that year. Thereafter the Deputy Secretary to Government. Punjab, Rehabilitation Department, made a suo moto reference to the Financial Commissioner to set aside the order of the Chief Settlement Commissioner dated 28. 12. 1978. On the said reference, Financial Commissioner exercised his suo moto power and set aside the order of the Chief Settlement Commissioner dated 28. 12. 1978 on the ground he had no jurisdiction to pass any order in view of the provisions contained under the Punjab Package Deal Properties (Disposal) Act, 1976.

(3.) A separate written statement has been filed by the private respondents pleading that the petitioners have no locus standi to file the writ petition as the allotment in favour of Hira Singh was in excess of his claim and that the petitioners have no legal right to purchase the area, the allotment of which in favour of Hira Singh was cancelled. They also took the plea that the Assistant Settlement Commissioner and the Chief Settlement Commissioner have no power to pass any order after the transfer of the properly to the State Government.