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2005 DIGILAW 804 (PNJ)

State of Haryana v. Amrit Kaur

2005-07-29

K.C.SHARMA

body2005
ORDER K.C. Sharma, FC. - This is a suo moto Reference filed by the State, under Section 33 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954, against the Order, dated 5.8.1981, passed by the Chief Settlement Commissioner and Order dated 21.9.1993, of the Assistant Registrar-cum-Managing Officer, Haryana, and U.O. dated 6.10.1993. 2. The brief facts of the case are that the land, measuring 4.11 Std. Acres was allotted temporarily to Sunder Singh S/o Chhiber Singh in Village Malkhara, Tehsil Jagadhri, District, Ambala, in lieu of land, abandoned by him in West Pakistan. On receipt from Jamabandi from Pakistan, it was found that he was entitled to 11-1/4 units. Accordingly the Tehsildar (Sales)-cum- Managing Officer, Jalandhar, cancelled the excess allotted land of 3-15-3/4 Std. Acres, vide Order, dated 30.5.1961. 3. In the year, 1970, the Government under a policy assigned some special value to certain categories of land, left in District Hazara of Pakistan and found that Sunder Singh was entitled to 3-2-1/4 Std. Acres of land after carded cut. Sunder Singh was summoned several times but he never appeared and as such, his case was dismissed in default by Section Officer-cum-Managing Officer vide Order, dated 11.6.1973. Against the said Order, Sunder Singh through one Harnam Singh S/o Budh Singh, Resident of Taruwala. District Ambala, his Attorney, filed Revision before the Ld. Chief Settlement Commissioner in the year, 1978, and the Ld. Chief Settlement Commissioner, vide his Order, dated 5.8.1981, found him entitled to additional area of 2-7 Std. Acres of land, subject to full verification of the facts. The matter remained under correspondence and on 24.9.1991, the present respondent, Amrit Kaur through her General Power of Attorney, Inder Singh, who is her husband, came before Assistant Registrar with the prayed that she is an actual heir of deceased Sunder Singh. The Assistant Registrar, Haryana-cum-Managing Officer allowed additional area of 2.7 Std. Acres vide Order, dated 27.9.1993, and U.O. was also issued on 6.10.1993, in the name of Sunder Singh in his previous Village Malkhara, Tehsil Jagadhri, District Ambala, or nearby village according to grade and subject to availability of the area. But as per report of Tehsildar (Sales) Ambala, dated 12.7.1999, no land had been allotted because of the fact that Inder Singh never appeared before any Authority for allotment of land. 4. The case was heard today. But as per report of Tehsildar (Sales) Ambala, dated 12.7.1999, no land had been allotted because of the fact that Inder Singh never appeared before any Authority for allotment of land. 4. The case was heard today. The learned District Attorney who appears on behalf of the State has argued as under :- (i) One Sunder Singh s/o Chibber Singh was allotted land, measuring 4.11 Std. acres, after the partition on oral verification and on temporary basis in village Malkhara of Tehsil Jagadhri of erstwhile District Ambala. (ii) After the receipt of Revenue Record from Pakistan, it was found that excess Allotment to the extent of 3.15-3/4 was made to the original Allottee and it was cancelled on 30.5.1961 and the entitlement of the original Allottee was held to be valid to the extent of 0.11-1/4 units only. (iii) Thereafter in the year 1970, re-assessment in lieu of the land, left in District Hazara of Pakistan was carried by the Department of Rehabilitation and it was found that Sunder Singh deserved 2.7 Std. Acres as additional Allotment, but the case of actual Allotment was dismissed because of Non- appearance of Sunder Singh before the Section Officer-cum-Managing Officer on 11.6.1973. (iv) After a gap of 5 years, Sunder Singh through his GPA, Harnam Singh s/o Budh Ram R/o Taruwala District Ambala, filed a Revision Petition before the Chief Settlement Commissioner in 1978 for Allotment of the Additional Area to the extent of 2.7 Std. Acres and this land was allowed on 5.8.1981. This Allotment was subject to verification of entitlement and surrender of additional allotment, already made in the previous years as Sunder Singh, who was holding 4.11 Std. Acres by virtue of earlier Allotment. (v) On 24.9.1991, the present respondent through her General Power of Attorney, Inder Singh, who is her husband in relation, came to the Court of Assistant Registrar with the prayer that she is actual heir of deceased, Sunder Singh. The Ld. Assistant Registrar, allotted 2.7 Std. Acres of additional area, vide Order dated 27.9.93 and U.O. to this effect was issued on 6.10.1993 by the Assistant Registrar-cum-Managing Officer. The Tehsildar Rehabilitation made a Report on 12.7.1999 that no land had been so far allotted to either Sunder Singh, deceased or his General Power of Attorney, Harnam Singh or Amrit Kaur, who is respondent now. On the basis of above narration of facts, the Ld. The Tehsildar Rehabilitation made a Report on 12.7.1999 that no land had been so far allotted to either Sunder Singh, deceased or his General Power of Attorney, Harnam Singh or Amrit Kaur, who is respondent now. On the basis of above narration of facts, the Ld. District Attorney has contended that Allotment in favour of Sunder Singh and now her Successor, Smt. Amrit Kaur, alleged heir, should be cancelled on ground of non-pursuit of the matter between 1973-78 which is an un-explainable delay of 5 years. The Ld. Counsel for respondent, Smt. Amrit Kaur, assails the arguments of the State and argues as under : (i) The delay of 5 years, alleged by the Ld. District Attorney is irrelevant as the Order of Additional Allotment, dated 5.8.1981, was passed in the presence of both, the State Attorney as well as General Power of Attorney, Harnam Singh. (ii) Thereafter, Smt. Amrit Kaur, applied for Allotment of the additional land in her name and Possession thereof. Original Allotment of 0.11-1/4 units in the name of Sunder Singh was, inherited by Amrit Kaur, vide Mutation, dated 12.1.1984, on the basis of a registered Will made by the deceased, Sunder Singh along with other land. (iii) Vide Order, dated 27.9.93, Assistant Registrar-cum-Managing Officer, allowed additional allotment of 2.7 Std. Acres in the name of Sunder Singh through Smt. Amrit kaur. (iv) Even an U.O. to this effect was issued on 6.10.93, but it is a sad story that no Possession so far been delivered to the respondent on behalf of his deceased uncle, Harnam Singh, to the respondent. Therefore, he has pleaded that the possession of land allotted by Assistant Registrar-cum- Managing officer, as per the above Orders, should be delivered to him by dismissing the suo moto reference by the State on the ground of delay. 5. I have heard the arguments of both sides as well as gone through the Record of the case and I have also perused the written arguments, forwarded by the Ld. Counsel for the respondent, Sh. S.S. Dinarpur. 5. I have heard the arguments of both sides as well as gone through the Record of the case and I have also perused the written arguments, forwarded by the Ld. Counsel for the respondent, Sh. S.S. Dinarpur. It is settled law that State has to honour its own orders, provided the same are not hit by fraud on connivance and when it is the duty of migratory landlord from Pakistan to peruse (persue ?) his case for Allotment and Possession of the land in lieu of the land left by him in Pakistan, it is equally a duty of the Rehabilitation Department to hand over the possession by calling on Allottees to accept the same. Therefore, this Court dismisses the suo moto reference of the State and directs the Assistant Registrar-cum-Managing Officer of the Department to hand over the possession of the additional Allotment to Smt. Amrit Kaur, niece of late Sunder Singh, within 2 months of the Receipt of the copy of Orders. Announced. Petition dismissed.