KHAZAN CHAND MIDHA Vs. CHIEF SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) , C&S (Reh.) This is a petition under Section 33 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 (hereinafter to be referred as the Act) against the order dated 12.11.1997 passed by the Chief Settlement Commissioner, Haryana.

(2.) BRIEFLY , the facts of the case are that the petitioner Sh. Khazan Chand Midha claiming to be the only legal heir of his father Sh. Surat Singh had been pursuing the allotment of evacuee land as his father was a displaced person. He filed a writ petition in the Hon'ble Punjab and Haryana High Court which was disposed of by the Hon'ble High Court with a direction to the respondent to finally decide the petitioner's claim by passing a speaking order and allot the land to which he is found entitled within three months. The matter, however, could not be decided within three months and the petitioner also filed a contempt petition which was disposed of by the Hon'ble Court on 13.3.1996 with a direction to the respondent to finalise the matter within a period of two months positively. The court, however, had noted the action being taken by the authorities. In pursuance of the above proceedings, the Settlement Officer (Sales), Ambala directed the petitioner to obtain a succession certificate from the Civil Court. It was found during the proceedings that the petitioner is pursuing these cases as if he is the only heir of his father who died on 28.3.1976. The S.O. (Sales) found himself not competent for this under the rules as the legal heirs were required to apply within 120 days of the death. He also directed vide his orders dated 1.3.1997 that the petitioner may approach the Chief Settlement Commissioner in this regard as he was not competent to declare him as the legal heir. The above orders of the S.O. (Sales) were challenged by the petitioner before the C.S.C., Haryana with a prayer to issue him the succession certificate. During the proceedings before the C.S.C., it transpired that at one stage the entire claim for allotment of land to the father of the petitioner had been satisfied. The allotment of land in this case had been made many times through General Power of Attorneys which sometime were appointed by the brother of the petitioner namely, Sh. Bhagwan Dass and sometime by the petitioner himself. The attorneys also sold the land so allotted on behalf of the legal heir of Sh. Surat Singh deceased. The allotment was later on cancelled being the shamlat land. The vendees further obtained the allotment of land in lieu of the land so cancelled. During the course of hearing the petitioner first denied these facts and when he was shown papers of the allotment, he submitted that these were not in his knowledge. He also submitted that at one stage the name of his father was changed from Surat Lal to Surat Singh and some unknown persons might have obtained the allotment of land fraudulently. He has been having contrary stands before various authorities in this regard. The petitioner also had given an assurance that he would obtain the succession certificate from the Civil Court and also that he would submit the general/special power of attorney from all the legal heirs of Sh. Surat Singh. The Ld. C.S.C. assigned the cases back to the Tehsildar (Sales), Ambala vide his order dated 12.11.1997 who had been processing the petitioner's case following the High Court order. He also directed/advised the Tehsildar (Sales), Ambala not to stop the proceedings due to non-submission of the succession certificate from the Civil Court by the petitioner and continue the proceedings to be finally decided after receipt of the succession certificate. The above order of the C.S.C. is in fact not passed in quasi judicial capacity but in the executive capacity. The petitioner has challenged the above order of the C.S.C.

(3.) I have carefully considered the submissions made by the Ld. Counsel of the petitioner and also gone through the relevant facts on record. A perusal of the order of the C.S.C. clearly reveals that there are many complications in this case which need to be sorted out, lest there should be any miscarriage of justice. The father of the petitioner Sh. Surat Singh alias Sh. Surat Mal died in the year 1976 and the department is not aware of the legal heirs of the deceased. There is no such provision under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 whereby the petitioner can be declared as a legal heir of the deceased. It is correct that the legal heirs could have been impleaded as parties in the case, had there been such request from the legal heirs in time. The petitioner is posing to be the only legal heir of the deceased which cannot be accepted without any proper declaration from the Civil Court. The succession certificate is therefore required which can only be issued by the competent Civil Court. The petitioner had also assured at one stage to obtain such succession certificate from the Civil Court and subsequently submit the general power of attorney from all the legal heirs. But he did not do so for the reasons best known to him and instead is requesting the rehabilitation authorities to issue him the succession certificate. The Chief Settlement Commissioner has also directed the Tehsildar (Sales), Ambala to go ahead with the proceedings of the case even in the absence of a succession certificate and to finally decide the case on receipt of the certificate. In view of the above, I do not find any impropriety in the impugned order of the Chief Settlement Commissioner, Haryana. The petition is therefore dismissed in limine. Petition dismissed.