HARBHAJAN SINGH Vs. FINANCIAL COMMR TAXATION PUNJAB

JUDGEMENT

(1.) This appeal under Cl.10 of the Letters Patent is directed against the order of the learned single Judge whereby he dismissed the writ petition filed by the appellant and upheld the order of the Chief Settlement Commissioner setting aside the transfer of urban evacuee agricultural land measuring 7 kanals 15 marlas situated in the revenue estate of Karbara, Ludhiana, in favour of the writ petitioner.

(2.) The facts first :- The appellant moved the Settlement Officer (U. L.) for transfer of land comprised in Khasra Nos. 45/2/2, 10 and 11-Min situate at Karbara, Ludhiana. The Settlement Officer (U.L.) determined the eligibility of the appellant for transfer of land and issued notice to him vide memo No. SOUL/F.9/Karbara/LDH, Office of the Settlement Officer (U.L.) 678, Model Town, Jullundur, dated September 11, 1969, to appear before him for assessment of the sale price in terms of Rule 34-D of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (for short the Rules). The price was assessed at Rs. 10850/-. The papers were submitted to the Chief Settlement Commissioner on April 22, 1971, and the following order was passed:- "Put up today. According to order dated 28-5-1970 of A.S.C. Shri Bahl, the case may be finalised. If full payment has been made, sale deed may be issued. Sd/- J.S.Qaumi."

(3.) Full sale price was deposited. Thereafter, a reference was made by the Managing Officer, Headquarters Jalandhar, for review of the order vide which the eligibility for transfer of the land to the appellant was determined and subsequently, it was transferred. The Chief Settlement Commissioner on September 16, 1971 found that the order of Settlement Officer (U.L.) determining the eligibility of the appellant is improper and set aside the same. The appellant preferred a revision petition under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, (for short the Act) before the Central Government which was heard by the delegated authority. The revision petition was dismissed on February 25, 1971. The order of the Chief Settlement Commissioner dated September 16, 1971 and of the Central Government dated February 25, 1971, were challenged in the writ petition.