DIDAR SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The matter here concerns the allotment of evacuee land in village Arain Majra, District Patiala. There being four claimants to this land, namely; Mohinder Pal Singh; Dhan Devi; Gehal Singh and the petitioner Didar Singh. The land available for allotment not being sufficient to meet the claims of all these persons a controversy has arisen with regard to selecting the persons to be preferred in the matter of the allotment of this land. The Chief Settlement Commissioner, by his order of 11th June, 1981 adopted the formula of 'First come - First served' and on this basis, the claim of Mohinder Pal Singh was preferred to the others with Dhan Devi; the petitioner - Didar Singh and Gehal Singh following in this order. This being the order in which applications for allotment had been received by the competent authority.

(2.) The order of the Chief Settlement Commissioner of 11th June, 1981 was later up-held by the Financial Commissioner, Punjab exercising dele gated powers of the Central Government under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 of 1st November, 1983.

(3.) The impugned order clearly warrants no interference in writ proceedings. There is admittedly no statutory rule or direction which lays down the manner in which preference is to be given for allotment of evacuee land in a situation as I as arisen in this case. This being so, no exception can be taken to the formula adopted, namely of First come-First served'. In other words; Mohinder Pal Singh by virtue of being the first claimant, was, rightly held to have preference over the other who applied later.