(1.) LAND measuring 70 Kanals and 9 malas is the bone of contention in this writ petition. The dispute revolves round its ownership and possession. The petitioner claims it as owner in possession and respondents 2 to 4 are waging relentless struggle to get its possession back. Rival parties are hotly contesting the matter for the last more than thirty years with neither side showing any sign of let -up.
(2.) THE case has a chequered history and chronology of events is surrounded by confusion at stages. The petitioner claims to be the owner of land measuring 70 Kanals and 9 marlas situate in village Jandhlar Tehsil R.S. Pura covered under Khasra Nos. 199, 200, 363, 377, 378/min, 436, 438, 420, 538, 606, 180, 365 and 365/min. As the story goes, he was forcerd by the circumstances to leave his place of birth to take refuge in Pakistan during 1947 disturbances. In his absence his land, described hereinabove, came to be occupied by some locals (respondents 2 to 4) under the authority of the Custodian Evacueeâ„¢s Property. In 1960, the petitioner surfaced back home and sought restoration of the land in question His efforts bore fruit and the land was restored to him vide order passed by Custodian dated March 14, 1963 under section 14 of the Evacuees (Administration of property) Act, 2006 (hereinafter called the Act) However, pursuant thereto the possession of the land was not handed over to the petitioner and it was decided by the Government to acquire the land under section 14 -A of the Act and to pay compensation to the petitioner. Acquisition proceedings were initiated culminating in award dated October 31, 1966. Consequent thereto no compensation was paid to the petitioner, now was actual possession of the land taken over by the collector or any agency of the Government. Meanwhile, the order of Custodian was challenged by respondents 2 to 4 in an appeal before the Custodian General. The appeal was rejected by the Custodian General by his order dated Feb. 2, 1965. The answering respondents did not peruse the matter allowing the order of restoration to assumefinality. Eventually, the order of restoration as passed by the Custodian and upheld by the Custodian General was executed by the Assistant Custodian (Tehsildar) and possession of the land was handed over to the petitioner on February 28, 1973.
(3.) AFTER the petitioner came into the possession of the land, answering respondents filed applications before the Circle Officer, under the Agrarian Reforms Act Praying for restoration of the possession of the land to them. These applications were rejected by the Circle Officer concerned by passing orders on mutation Nos. 290, 291, and 292.