DEEPARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners in this petition under Article 226 of the Constitution are displaced persons who have migrated to India from Pakistan in 1947. As part of compensation payable to them for the property left by them in Pakistan, the Managing Officer Sri Ganganagar, allotted to the petitioners lands measuring 100 Bighas in Khasra Nos. 60, 101 and 87 in village Jiwandesar in revenue tehsil Anupgarh. The said lands originally formed part of the Jagir of Chhatargarh and were recorded in the names of Mohamed Iyar, Kalu and Jan Mohd in the revenue records prepared in Samwat 2003 -2004. The case of the petitioners is that the said Muslim Khatedars migrated to Pakistan some time in March, 1947 and the said lands became evacuee property under Section 2(2) of the Bikaner State Evacuee Administration of Property Order, 1948 as well under Section 2(f) of the Administration'of the Evacuee Property Act, 1950 and the said evacuee property vested in the Central Govt. under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, and formed part of the compensation pool established for the purpose of rehabilitation of displaced persons. As the Tehsidar (Revenue) Anupgarh and the Tehsildar Colonisation, Rajasthan Canal Project, Anupgarh (Gharsana) failed to deliver the possession of the lands allotted to the petitioners by the Managing Officer u/o dated 28 -2 -1966 and preceded to allot the same to other persons, the petitioners filed this petition for the issue of a writ restraining the respondents from allotting any part of the land in question to any person in, any manner and also for the issue of writ, direction or order, directing the respondents to hand -over the possession of the said land to the petitioners.

(2.) IN the reply to the writ petition filed on behalf of the respondents, it is claimed that lands in dispute belorged to Capt Prince Amersinghji of Chattargarh Estate and that the said estate has vested in, the State under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1954. As no action was taken regarding declaration of the said lards as evacuee property prior to the vesting of the estate in the State, the said lards, could rot be declared as evacuee property by the Central Government and they cid not vest in the j Custodian. In the said reply it is claimed that Tehsildar, Anupgarh was justified in refusing to give possession of lend to the petitioners and it was as further stated that the Tehsildar, Colonisation, Gharsana, is fully competent to make orders for temporary or permanent allotment of the lards in dispute to eligible lands -less persons and that such allotments were being trade in accordance with the Rajasthan Colorisation (Temporary Cultivation leases) Conditions, 1955 since the year 1971 -72.

(3.) THE writ petition is, therefore, allowed and a writ is issued, directing the respondents to comply with the order dated 28th February, 1966 passed by the Managing Officer. Shri. Ganganagar, alloting the lands to the petitioners. The respondents are further restrained from alloting the lands covered by order dated 28th February. 1966 to any other person. There Will be no order as to costs in this petition.