JOGINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This review application No.127 of 2006 has arisen out of the order dated 5.4.2006 passed by this Court whereby the Civil Writ Petition No.5485 of 1997 preferred by Joginder Singh (since deceased) through L.Rs namely Gurjit Singh, Gurmit Singh, Daljit Singh sons of Balbir Singh, Hardeep Singh son of Raghbir Singh, Harpal Singh and Jaspal Singh sons of Dhanwant Singh, and Karamjit Singh son of Balwant Singh, has been dismissed.

(2.) The facts in the background of the case are that, Gurbax Singh son of Natha Singh had migrated from Bahawalpur in West Pakistan on account of the partition of the country in 1947. As a migrant, vide rapat roznamcha dated 3.4.1950, he was allotted a piece of land measuring 688 bighas (i.e. 92 standard acre, 14-1/2 Unit) in terms of allotment No.FG3/4/310/2. It has been further alleged that the allotment letter (sanad) Review Application No.127 of 2006 in in this regard was issued to him on 10.2.1965. Out of 688 bigas of land, he could not be delivered possession of 9 standard acres 9 units of land as the same was in possession of the local persons and was also utilized under canal, therefore, as a substitute, some other land measuring 9 standard acres 9 units were allotted to Gurbax Singh vide parcha numberan dated 29.11.1957 (Annexure P-1) which was duly entered into revenue record vide rapat roznamcha No.362 dated 25.4.1973 (Annexure P-12), the said allotment being in possession of the local persons was cancelled. In the copy of Jamabandi for the year 1971-72 (Annexure P-15) Gurbax Singh allottee has been shown as owner in column No.4 but in column No.5 some local persons have been shown.

(3.) Gurbax Singh had died on 18.10.1970 leaving behind his sons Joginder Singh and Inder Singh residents of Village Mirpur who submitted an application in the year 1957 (Annexure P-20) before Tehsildar-cum- Managing Officer, Sirhind for supply of the complete sanad of khasra numbers allotted to him in lieu of 9 standard acres i.e. the area cancelled out of the area allotted to them. In response to which a parcha numberan was issued showing Khasra No.395/279 and 281 min (as duly mentioned in parcha numberan dated 20.11.1957) (Annexure P-1). Later on, sanad Annexure P-21 duly signed by the concerned authorities comprising of Khasra No.395/279 and 281 min had been issued. Vide said sanad dated 3.1.1974, it was specifically mentioned that land measuring 183 bighas 12 biswas has been allotted to the applicants-petitioners on semi permanent basis.