KULWANT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This order will dispose of three writ petition bearing Nos. 3462 of 1998 (Kulwant Singh through his L.Rs v. State of Punjab and another), 1433 of 2008 (Anokh Singh and others v. State of Punjab and others) and 1455 of 2008 (Surinder Singh and others v. State of Punjab and others). The facts are being taken from Civil Writ Petition No. 3462 of 1998.

(2.) Gurnam Singh, father of the petitioner Kulwant Singh, was allotted land in Village Sheikhe Pind alongwith other 116 allottees in Sufi Pind. After the death of Gurnam Singh, the petitioner, being his son alongwith his brothers and sisters, had inherited the rights in the property left by Gurnam Singh. He has accordingly filed this writ petition, to seek protection of his right in the property in question.

(3.) This was an evacuee land and was initially allotted by the Rehabilitation Authority to these persons by imposing a cut of 18- 3/4%. The cut was increased to 50% from that of 18-3/4% in the year 1952 and the proposal was accepted. This cut was imposed on all 117 allottees, including the father of the petitioner. The predecessor in interest of the petitioner alongwith others filed Civil Writ Petitions Nos. 2671-2690 of 1965 in this Court, challenging the cancellation of the area allotted to them and asking for enhanced price at the rate of Rs. 2200/- per standard acre. Only 20 allottees out of 117, which included the father of the petitioner, had not accepted this cut and did not deposit the amount. They had, thus, filed these writ petitions in the year 1965, challenging the cancellation of the area allotted. These writ petitions were dismissed, which order was impugned by filing Letters Patent Appeals. The same were also dismissed. The matter was then taken to Supreme Court. The Hon'ble Supreme Court also dismissed the appeals. The Supreme Court rather approved the view taken by the High Court while dismissing the writ petitions and the Letters Patent Appeals.