GURBACHAN KAUR Vs. PUNJAB STATE

JUDGEMENT

(1.) THE present is a petition filed under Section 15(i) of the Punjab Package Deal Properties (Disposal) Act, 1976, against the order dated 31.10.1994, passed by the Commissioner, Jalandhar Division, Jalandhar. Section 15(i) of the Act ibid empowers the State Government to call for record of any case under the Act, pending before or disposed of by any officer, at any time, and further authorises to pass such order in relation thereto as in its opinion, the circumstances of the case may require, in consistence with the provisions of the Act ibid and the Rules framed thereunder.

(2.) THE facts of this case are that the respondent No. 2 Bir Singh s/o Kesar Singh r/o House No. 2265/13, Maqboolpura, Amritsar, belonging to schedule caste (Mazbi Sikh), made an application to the Tehsildar (Sales), Amritsar on 19.10.1970 for the allotment of house and site number 2265/13 situate at Maqboolpura. In his application, he stated that he has been in occupation of this property since the year 1967, which is comprised in Khasra Nos. 167 min. 166 min and 165 min. The total area in his possession works out to 244 Sq. Yards. After processing the application and making the requisite enquiries, the Tehsildar (Sales), Amritsar ordered the transfer of this property in favour of respondent-Bir Singh, as per his order dated 30.12.1981, by concluding, that the said property is a hidden package deal property, disposable under the provisions of the Punjab Package Deal Properties (Disposal) Act, 1976 and the rules framed thereunder. This transfer order of Tehsildar was approved by the Sales Commissioner, Amritsar, as per his order dated 21.9.1982, and thus, the sale in favour of the respondent-Bir Singh was confirmed. The value of this property was assessed at Rs. 9793/- and the respondent was required to pay Rs. 2449/-, being 1/4th of the total value of the property, in accordance with the Government policy, then in vogue, as the respondent belongs to a scheduled caste, and this amount was to be recovered in twelve equated half-yearly instalments. The respondent Bir Singh was also required to pay the damage charges of Rs. 450/- from the year 1967 upto 30.12.1981 for use and occupation of this property. After the respondent-Bir Singh had made full payment of the said property and had also cleared all the damage charges etc., the Tehsildar (Sales), Amritsar, issued a Conveyance Deed, in favour of Bir Singh on 20.11.1991.

(3.) AGAINST the order of the Tehsildar (Sales), Amritsar dated 30.12.1981, Smt. Gurbachan Kaur filed an appeal dated 27.11.1991 under Section 9 of the Act ibid before the Chief Sales Commissioner-cum-Deputy Commissioner, Amritsar on the pleas : that the property No. 2265/13 has wrongly been transferred to Bir Singh as she herself has been in possession of this property, for the transfer of which she had also applied; that the property No. 3057/15 was wrongly mentioned by her in her application, inadvertently, as this property had already been transferred to her husband-Gurmej Singh on a concessional price, being a member of the scheduled caste, on the basis of possession (para 3 of appeal); that she being an illiterate person was not aware of actual number of the property, for the transfer of which she had applied, on the basis of possession; that she lives separately from her husband with her children in this property; that the transfer made in favour of respondent be set aside and the same be transferred in her name.