KAKA RAM Vs. STATE

JUDGEMENT

(1.) THIS writ petition has been filed by two petitioners. Petitioner -1 Kaka Ram died during the pendency of the writ petition. Vide Order dated 1 -5 -2007, legal heirs of petitioner -1 have been brought on record.

(2.) PETITIONER was allotted two kanals one marla of land comprising Khasra No. 96 being displaced persons of 1947. This allotment to the petitioner was made in pursuance to Cabinet Order No. 578 -C of 1954 dated 7 -5 -1954. It is pertinent to mention that the Government was pleased to make the rules for allotment of the land to the displaced persons, which are called as Allotment of Land to Displaced Persons Rules, 1954. Vide order dated 26 -9 -1987 passed by the Custodian General , Evacuee Property, the said land was leased out to one Majeed Khan, respondent herein at a premium of Rs. 1000/ - and ground rent of Rs. 26/ - per month for a period of one year in the Ist instance. This lease was extended vide order dated 22 -2 -1989 by the Custodian General. The premium was raised from Rs. 1000/ - to Rs. 5000/ - per kanal and the ground rent was raised from Rs. 26/ - to Rs. 50/ - per month. This order came to be challenged by the petitioner before the Special Tribunal, Jammu in revision petition. The petitioner took the following grounds in the revision petition : a) That the land was in possession of the petitioner and the allotment has been cancelled without notice to him. b) That there is no provision of cancellation of the land nor there is any provision for allotting the same to a local. It is further stated by the petitioners that out of two kanals and one marlas of land allotted to them, 1 kanal and 11 marlas of land has been acquired by the Munsiffs Court, Mendhar for which compensation has been paid to them.

(3.) THE respondents on the other hand, claimed that there is no allotment order in favour of the petitioner. It was further averred that the petitioner has not taken possession of the land nor has he complied with the provision of Rule 5 of the aforesaid Rules. It has also been admitted by the respondent that he has constructed a shop on the said land and has continuously been running a medical shop and occupying whole of it.