DAYA WANTI Vs. DEPUTY CUSTODIAN GENERAL

JUDGEMENT

(1.) THIS is a petition under Article 226 of Constitution of India and is directed against the order of the Deputy Custodian General, Jammu, dated 13 -10 1972 whereby he cancelled the allotment made in favour of the petitioner under Cabinet order No. 578 -C of 1954. The facts which led to the filing of this petition briefly put, are these:

(2.) BEFORE 1947 she petitioner, her father Inder Singh and her mother Kartar Kaur constituted a joint family. The family lived in Rawalkot Tehsil Plandari at present under Pakistan occupation. In 1947 as a result of Pakistan aggression the family migrated to Jammu and settled in the refugee camp at Nagrota. A ration -card was also issued to the family in which Inder Singh, the father of the petitioner was shown as the head of the family. It is stated in the petition that Inder Singh was ailing for - a long time before his death and because of his illness the petitioners name was substituted as head of the family for that of Inder Singh by the Tehsildar Ranbirsingh Pura vide his order dated 29 -3 -1967. Inder Singh died in Jan. 1971 whereas his wife had died long before him. Respondent No. 2, therefore, made an application before the Tehsildar Ranbirsingh Pura that Inder Singh and his wife} Kartar Kaur, having died issue -less the land held by Inder Singh and his family be allotted to him to make up his deficiency. On this application, it appears, that the Tehsildar obtained the report of the Patwari who reported that Inder Singh and Kartar Kaur had died and that the petitioner had married one Avtar Singh of Delhi - On this report of the Patwari the Tehsildar recommended to the Provincial Rehabilitation Officer that the land may be allotted in favour of respondent No. 2 The Provincial Rehabilitation Officer summoned the petitioner. The petitioner objected to the proposed cancellation on the ground that during the lifetime of her father, Inder Singh, she had been made the head of the family and an entry to that effect had been, made in the ration -card as she was a Khana Nisheen Dukhtar. Being a Khana Nisheen Dukhtar she was permanently residing in the house of her father. She further pleaded that as her husband refused to live with her at her parental house the marriage had been dissolved Regarding payment of Rs. 3500/ - as ex -gratia grant to the petitioners husband. It was stated that the same could not debar her from retaining the land in her allotment. The PRO in the course of enquiry found vide his judgment dated 2 -3 -1972 that the dissolution of marriage the petitioner and her husband was not proved but he held that the allotment of the petitioner could not be cancelled in view of S R O No. 328 of 1969. Against this order of the P R O. respondent No. 2 filed a revision petition before respondent No. 1 who allowed the same vide his order dated 13 -10 -1972 and held that the petitioner on her marriage with Avtar Singh stood transplanted in the family of her husband and was thus not entitled to retain her own allotment. He accordingly allowed the revision, set -aside the order of the P. R. O and cancelled the allotment. As stated earlier this petition is directed against the aforesaid order of the Deputy Custodian General.

(3.) THE petition came up for hearing before Jaswant Singh J. sitting singly who was of opinion that important question of law being involved the petition should be heard by a Full Bench. This is how the petition is before the Full Bench.