FATEH SINGH Vs. STATE

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order passed by the Govt. on 25/01/1983 (Anx.P/10), which reads thus :- Hindi Text

(2.) A reading of the above order makes it abundantly clear that it is an interim order and yet it proceeds to decide finally the question of possession. It is challenged on the ground of total lack of jurisdiction in the State to do so and assuming that there is such jurisdiction, it is violative of the principles of natural justice as it is passed without giving any opportunity of any kind to the petitioner to show cause. Facts necessary to adjudicate upon this dispute are as under :- That on 27/07/1961, the petitioner who was Ex-Jagir, was allotted 50 bighas of land: An allotment letter was issued on 26/02/1962 and since then the petitioner was in possession of the land covered by this allotment order. The petitioner cultivated that land for about 19 years. While he was in service, having found that it has become increasingly difficult for the petitioner to cultivate this iand which was situated in Sriganganagar Distt., from the place of his employment which was situated in Sawaimadhopur District, he therefore, applied on 26/08/1981 for exchange of land in Sriganganagar Distt, with the land in Sawaimadhopur.

(3.) That the proposal of exchange, as submitted by the petitioner, was accepted by the State and the acceptance was communicated by Anx. P/ 3 dated 6/12/1982. The acceptance of exchange was subject to certain conditions mentioned in Anx. P/3. The petitioner fulfilled those conditions, delivered possession of the land in Sriganganagar to the State and took possession of the land in Sawaimadhopur District.