SARV BANDHU Vs. STATE OF J & K

JUDGEMENT

(1.) The case of the petitioner is that he is adopted son of late Sh. Duni Chand, who was displaced person. When late Duni Chand was migrated to Dhangre Tehsil Suchetgarh as POK of 1947-48, he applied for rehabilitation and in the process of rehabilitation submitted Form "A". In the Form "A", there is mention of the entire family of Duni Chand, wherein Smt. Sadro Devi has been shown as wife of Sh. Duni Chand. The petitioner applied to respondent No. 3 under Prime Minister's Development Package on 1/5/2017 which was processed. When the petitioner searched the progress of his case in the internet, he found one Smt. Koushalya Devi has also applied for the said claim styling herself as the widow of late Sh. Duni Chand. Her name is figuring at Serial No. 9913 in the list of the claimants.

(2.) The petitioner further submits that in the Form "A" submitted by late Sh. Duni Chand, there is no name of Smt. Koushalya Devi. The said claim of Koushalya Devi has been challenged by Sadro Devi in the court of Sub Judge, Jammu who has passed an interim order and the case is subjudiced. Smt. Koushalya Devi has, thus, no right to seek claim projecting her to be the widow of late Sh. Duni Chand.

(3.) Petitioner is adopted son of late Sh. Duni Chand and mutation of inheritance has been attested in favour of the petitioner and record of rights also reflects the name of the petitioner with respect to the land of said Duni Chand. Smt. Sadro Devi, widow of late Sh. Duni Chand has also executed a will bequeathing all her share in the name of the petitioner, the natural father of the petitioner is Om Parkash but being adopted son of Sh. Duni Chand is entitled to the relief being granted under Prime Minister's Development Package.