SAHIB SINGH Vs. TEHSILDAR ETC

JUDGEMENT

(1.) The petitioners were evacuees and in settlement of their claim, they were allotted land by the order dated March 24,1966 vide Sanad No. 5659 supplimentary. A letter was issued to the Tehsildar Anoopgarh dated March 24, 1966 informing him about the said allotment by the settlement cum Managing Officer, Sri Ganganagar. This letter interalia stated that the land which has been allotted to the petitioner was evacuee agricultural land acquired under S. 12 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954. Ex.1 is the letter addressed to Tehsildar, Anoopgarh by the Settlement cum Managing Officer, Sri Ganganagar giving the details of land and the name of allottees. Receipt of this letter by Tehsildar, Anoopgarh has not been disputed any where.

(2.) The petitioner having failed to secure mutation in his name of the land in question, at the hands of Tehsildar in the first instance approached this court by way of S.B. Civil Writ petition No. 1839 of 1982 (Sahib Singh etc. Vs. Tehsildar etc.) decided on March 3,1982. The Court directed that in compliance of the letter, the respondents are duty bound to dispose of the applications, if any made within a reasonable period; and if the Tehsildar does not dispose of the application then the petitioner can take the proper action according to law.

(3.) In terms of the aforesaid direction, the petitioner approached Tehsildar, Anoopgarh in pursuance of Ex. 1 for making necessary enterics in the revenue record. The Tehsildar by his order Ex. 6 dated November 21, 1983 went on to hold that the land mentioned in Ex.1 did not form part of compensation pool. That, Muslim Khatedar of land in question migrated to Pakistan only in lndo-Pak war in the year 1965. He also held that land in question is the land of State Government reserved for Displaced persons (Pong Dam oustees) and is not the part of the compensation pool. The Tehsildar also referred to a letter dated July 30, 1983 containing a general statement that 'Sanad' issued around 1966 have been issued with reference to Khasra Numbers and if any 'Sanad' has been issued thereafter, the same has been issued by the concurrence of the Tehsildar. On that basis the 'Sanad' in question was treated to be forged.