STATE OF RAJASTHAN Vs. TIKKO BAI

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 17.2.95 passed by the learned Single Judge, by which the learned Single Judge allowed the writ petition filed by the petitioner and quashed and set -aside the order passed by the Divisional Commissioner exercising the powers of the Central Government under Section 33 of the Displaced Persons compensation and Rehabilitation Act, 1954 and directed the respondents in the writ petition (the present appellants) to restore the allotment of the land in favour of the petitioner within a period of three months and if any other person has been allotted the aforesaid land then the said allotment shall be treated as cancelled and its possession shall be restored to the petitioner after ejectment of the occupant who is in possession of the said land.

(2.) SHRI Ped Singh -a claimant -was allotted 12 Bighas 10 Biswas of the agricultural land situated in Square No. 41 of Chak 14 -S of tehsil Sri Ganganagar as a rehabilitation Grant payable to a displaced person having a verified claim. Ped Singh died leaving behind him his son Kala Singh and three daughters, namely, Bhiranwa Bai, Santo and Kishani Bai. Petitioner Smt. Tikko Bai is the widow of late (Shri) Kala Singh the son of deceased Ped Singh.

(3.) ON 20.1.82 Smt. Tikko Bai moved an application before the District Rehabilitation Officer, Sri Ganganagar for the eviction of Dalip Singh from the land in question and to restore the possession of the land to her. The Rehabilitation Officer,' by his order dated 10.11.83 found Dalip Singh in the illegal possession over the land in question and ordered for resumption of the land in favour of the Central Government under Section 19(2)(b) of the Act read with Rule 102 of the Rules.