KARTARO Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Apart from the fact that the present appeal suffers from delay of 230 days, we have heard learned counsel for the appellants on merits also. Counsel for the appellants contends that the petitioners merely sought transfer of the Parcha claim from District Gurdaspur to District Ludhiana. The learned Settlement Commissioner, Punjab rightly transferred the Parcha claim of Sawan since deceased from District Gurdaspur to District Ludhiana. It is contended that the order of the Chief Settlement Commissioner, Jalandhar, whereby he set aside the aforementioned order is legally unsustainable, as is the order passed by the Financial Commissioner exercising the powers of the Central Government under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as `the Act'). It is argued that the learned Single Judge, wrongly held that the appellant was guilty of misconduct, of having manoeuvered the authorities under the Act and of manipulating even the civil Court.

(2.) We have heard learned counsel for the appellants and perused the paper book.

(3.) The matter with respect to allotment, as also transfer of Parcha allotment stood settled as far back as on 31.10.1962, pursuant to orders passed by the Settlement Commissioner. A revision filed against this order was dismissed by the Chief Settlement Commissioner, vide order dated 21.1.1963. An application for review of the said order was dismissed on 26.11.1963. These orders attained finality. On 18.9.1970, an application was filed before the Managing Officer, for a fresh allotment of land, on the ground that the area allotted to Sawan deceased in village Beli had been cancelled. This application was rejected by the Managing Officer on 2.7.1971, on the ground that a duplicate Parcha claim had already been sent to Tehsildar, Gurdaspur, on 15.5.1961. The said order was impugned by way of an appeal before the Settlement Commissioner. The dismissal of the earlier appeal and revision were concealed. Mislead by the aforementioned concealment, the Settlement Commissioner remanded the case, vide order dated 28.9.1971 to the Managing Officer. While this matter was pending, Lal Singh filed an application praying therein that the claim of Sawan be transferred to Ludhiana District. The Deputy Secretary, Rehabilitationcum- Chief Settlement Officer reviewed the order of the Assistant Settlement Commissioner dated 31.10.1962 and directed transfer of the Parcha claim to Ludhiana from Gurdaspur, vide order dated 23.4.1976. As a consequence of these orders, a fresh allotment was made in Village Nurpur Bet, Ghaunspur and Jagirpur in Ludhiana District.