WASSAN SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) CHALLENGE in this writ petition under Article 226 of the Constitution of India is to the orders dated 3.5.1977 Annexure P-1, 26.12.1977 Annexure P-2; 31.1.1979 Annexure P-3 and 16.10.1984 Annexure P-4 passed by respondent 4, 3, 2 and 1 respectively.

(2.) THE only controversy involved in this writ petition is whether the petitioner is entitled to transfer of land in his favour under Rule 34-D of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (for short the Rules) as a sub-lessee.

(3.) THIS case has a chequered history but bare facts are being noticed in order to highlight the controversy raised. Petition Wassan Singh son of Mehar Singh applied for the transfer of urban agricultural land in his capacity as sub-lessee. His claim was accepted vide order dated 29.11.1968 for transfer of some land. Dharam Singh Bhalla son of Charan Dass Bhalla felt aggrieved by that order and he, therefore, filed appeal under Section 22 of the Act. The Regional Settlement Commissioner, Jalandhar allowed the appeal and set aside the order dated 29.11.1968. It also deserves to be noticed that land measuring 26 kanals and 14 marlas was offered to one Gurdevi for Rs. 7020/- on 30.11.1957. This offer was finally withdrawn on 5.9.1965 as Gurdevi did not respond to the offer made. Gurdevi, stated to have died on 6.3.1960 was survived by her sister-in-law Bachittar Kaur who was declared as her successor-in-interest vide order dated 21.5.1961. Aforesaid Bachittar Kaur also died on 17.11.1961 and as a consequence thereof, one Charan Dass made an application dated 30.8.1962 for transfer of the land in question as her legal heir. Charan Dass was declared as successor-in-interest of Bachittar Kaur in July 1965. The Authorised Settlement Commissioner also declared one Dilawar Singh son of Nihal Singh as the successor-in-interest of the aforesaid Bachittar Kaur. Charan Dass also died intestate and he was succeeded by his son Dharam Singh.