INDER SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant by this appeal seeks to challenge the order of the learned Single Judge dt. 09.12.1996 dismissing the appellant's writ petition.

(2.) NECESSARY facts are that the petitioner was allotted land in question total measuring 23 bighas and 4 biswas in Chak No. 26 P.T.D. in Sq. Nos. 305/355 and 304/356 in the year 1976. However, on a complaint made about the allottee being not bonafide agriculturist, and being employee of the R.S.E.B. This allotment was cancelled vide order dt. 24.10.1980 by the Dy. Commissioner (Colonisation). This order has been produced in the writ petition as Annexure -1. Appeal against that order filed before the Additional Colonisation Commissioner, and revision before the Board of Revenue also were dismissed vide orders 18.07.1981 and 26.03.1984 respectively.

(3.) BEFORE the appellate authority it was argued that the employment was on Work Charge basis, and was of temporary nature; regarding the lands it was contended that his notional share would have been very meagre. However, it was found by the learned appellate authority that even work charge employee has to spent full time on job leaving no time available for cultivation, and thus it cannot be said that primary source of income was agriculture. Thus, interference in the order of the original authority was declined. It may be noticed here that the appellate authority did not dilate upon the aspect of any land having been held by the appellant, and that fact having been concealed.