JAGIR SINGH Vs. CHIEF SETTLEMENT COMMISSIONER PUNJAB

JUDGEMENT

(1.) THIS is a writ petition of Jagir Singh, Chuhar Singh, Sit Singh, Santokh Singh and others under Article 226/227 of the Constitution for a declaration that the order passed by the Chief Settlement Commissioner on 1st July, 1967 cancelling the sale of the disputed land in their favour is void and inoperative.

(2.) THE land in dispute measuring 14 standard acres 83/4 units in village chathewala, tehsil and district Bhatinda was allotted to Khem Chand, the 4th repsondent in lieu of the land left by him in village Khambewala, tehsil and district bahawalpur. A Sanad was granted to the 4th respondent on 30th November, 1962. The Managing Officer finding that the allotment was 'bogus' made an order 'of cancellation on 23rd July, 1964 (annexure A ). In appeal preferred to the assistant Settlement Commissioner, the order of the Managing Officer was set aside and the case was remanded for fresh decision. Before this functionary, the counsel for the 4th respondent produced certified copy of Jamabandi of the village khambewala where he was the owner of the land. From these documents he was satisfied that the allotment was not bogus. Fresh entitlement of the 4th respondent was to be determined in pursuance of the order passed on 28th november, 1964. It seems that the land was restored to the 4th respondent as is clear from the order of the Settlement Officer passed on 7th December, 1965. In this order it was mentioned-

(3.) AFTER the allotment of land in favour of the 4th respondent had been cancelled, it was put for sale. The petitioners 1 to 3 purchased four out of six field numbers allotted to the 4th respondent for Rupees 12,100/- and the remaining two numbers were sold in favour of the 4th petitioner for Rs. 4025/ -. Sale certificates were issued in favour of the petitioners.