NAND KISHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Nos. 576 and 1167 of 1967 as both of them are connected.

(2.) n Civil Writ No. 576 of 1967 filed by Nand Kishore, respondents 1 and 2 are represented by Advocate General, Haryana. There is no representation on behalf of Khidmat Rai, respondent No. 3, nor on behalf of Kailash Chand, respondent No. 4 who would be affected by the result of this writ petition.

(3.) According to the averments of the petitioner, he along with respondent No. 3 Khidmat Rai was in occupation of land measuring 14 Bighas 11 Biswas at village Chhachhrauli, Tehsil Jagadhri, District Ambala, even earlier to 1960 as lessees under the Custodian. The petitioner and respondent No. 3 owned some other land also near the above-mentioned land, which was being used for digging earth for the purpose of a brick-kiln. It transpires that the petitioner and respondent No. 3 were required to remove the kiln from the site in question in the year 1958 or near about. The petitioner and respondent No. 3 made an application in the year 1962 that the land above-mentioned may be sold to them on payment of reserve price. As per orders of the Tehsildar Sales dated 19th January, 1963 (copy Annexure 'A') they were allowed to purchase the land by paying Rs. 761.50 p. The petitioner and respondent No. 3 accordingly deposited this amount with the Tehsildar Sales and a conveyance deed was executed in their favour. A copy of the said deed dated 19th of January, 1963 has been annexed as Annexure 'B' to the Writ Petition. The consolidation operations took place in the village in the year 1963 and in lieu of the aforesaid land, the petitioner and respondent No. 3 were allotted Killa No. 82/83 situated at the same place. After taking possession of the said land the petitioner and respondent No. 3 incurred some expenditure for levelling the land and making certain improvements.