DOABA NIRMAL MANDAL Vs. FINANCIAL COMMISSIONER REVENUE

JUDGEMENT

(1.) Petitioner No.1-Doaba Nirmal Mandal (Regd.) (hereinafter referred to as "the Dera ") is said to be a religious body and petitioner No.2, who asserts herself to be the Mohtmin and Manager of the Dera, have filed this writ petition, challenging the order dtd. 30/5/2018 (Annexure P-10) passed by the Financial Commissioner, Revenue and Secretary to Government of Punjab, delegated with the powers of Central Government under Sec. 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, whereby an application preferred by one Sant Pritam Singh Chela Baba Hari Singh has been allowed and the allotment/transfer of urban evacuee land measuring 24 kanals 9 marlas in favour of petitioner No.1 has been set-aside and the land restored to the State on the ground of misuse of terms of allotment/transfer of the said land.

(2.) Learned senior counsel for the petitioner asserts that the petitioner has filed the present writ petition for quashing of the order dtd. 3/5/2018 (Annexure P-10) passed by the respondent, whereby the transfer of land by way of allotment/conveyance deeds dtd. 2/8/1979 and dtd. 9/3/1981 (Annexures P-5 and P-6 respectively) has been set-aside and further the land was resumed/restored to the State with a further direction to the District Collector, Hoshiarpur to take necessary steps to retrieve the land in dispute and restore the mutation in the name of the State. He contends that the impugned order is not sustainable in the light of the fact that Bibi Parkash Kaur was the Member of the Dera and as per the resolution passed by the Dera dtd. 14/10/1979, General Secretary of the said Dera was authorized to transfer the land measuring 2 Kanals 9 Marlas in favour of Bibi Parkash Kaur. He further contends that the land in question was transferred in the name of petitioner No.1-Dera in two parts, firstly 2 kanals and 2 marlas vide conveyance deed dtd. 2/8/1979 (Annexure P-5) and secondly 22 kanals 7 marlas vide conveyance deed dtd. 9/3/1981 (Annexure P-6), which comprised of Khasra No.7//26 situated in Village Attalgarh, Tehsil Mukerian, District Hoshiarpur. He, thus, contends that the sale in favour of Bibi Parkash Kaur, being in consonance with the resolution of the Dera-petitioner No.1, cannot be faulted with. He further contends that despite the sale of the land in favour of Bibi Parkash Kaur, it is an established position that the possession of the land was and is with the Dera. The findings with regard to the misuse or violation of the conditions of the conveyance deeds are not based upon the true facts and, therefore, unsustainable. His further submission is that the findings, as have been recorded by the respondent, are without any basis and, therefore, unsustainable. The disputed land is being used only for the religious purpose and there has been nothing to indicate that the land is being misused for any purpose except for the betterment and progress of the Dera. Although the land was transferred in the name of Bibi Parkash Kaur but there has been no further misuse of the land by Late Smt.Parkash Kaur nor has there been any misuse by the present Dera head, Bibi Narinder Kaur. He, thus, contends that the order passed by the Financial Commissioner dtd. 30/5/2018 (Annexure P-10), as impugned, cannot sustain and deserves to be set-aside.

(3.) As per the petitioner, Sant Hari Singh constructed a Dera known as Loh Langer Gurudwara Sant Baba Hari Singh on land measuring 7 kanals 10 marlas, which was part of an evacuee area comprising Khasra No.161/359, Khasra No.7//26 measuring 24 kanals 9 marlas in Village Attalgarh, Mukerian. On the remaining area of 16 kanals 19 marlas, there was a holy tank (sarowar). The Dera as well as the Sarowar were under the possession and management of Sant Hari Singh during his life time. After the death of Sant Hari Singh, Bibi Parkash Kaur was appointed as Manager and Mohtmin of the said Dera and Sarowar, being his Cheli for a number of years during his life time. Bibi Parkash Kaur, being the Mohtmin, wrote several representations to the officials, requesting transfer of the land in dispute in favour of the Dera or its Members as the intend was for utilizing it for the benefit of the Members of the Dera for establishing schools, hospitals etc. Vide a resolution dtd. 20/10/1977, Secretary of petitioner No.1-Dera was authorized to purchase the land for Dera and was also authorized to sell or mortgage such land.