PRITAM KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed against the judgment of learned Single Judge dated 24.8.2005, dismissing Civil Writ Petition No. 5379 of 1995, against which Review Petition was also filed being R.A. No. 272 of 2005, which was dismissed on 27.4.2007.

(2.) THE appellant-petitioners purchased 23 Kanals 12 marlas of land on 6.3.1972. The said land had been declared surplus area on 23.9.1970 (Annexure R-1 on record) under the provisions of the Punjab Security of land Tenures Act, 1953 (in short, 'the 1953 Act').

(3.) THE appellant-petitioners, then filed an application before the Assistant Collector for setting aside the allotment of the land purchased by them, which had already been declared surplus and which stood allotted vide orders dated 7.10.1976 and 11.2.1978 in favour of contesting private respondents. The said application was dismissed by the Assistant Collector vide order dated 31.1.1983 (Annexure P.2). The Assistant Collector held that he had no jurisdiction to set aside the allotment. The said order was affirmed in appeal by the Collector vide order dated 25.10.1983 (Annexure P.3). The Collector held that the only remedy available with the appellant-petitioners was to challenge allotment before a higher forum i.e. before the Commissioner.