Jagater Singh v. Custodian Evacuee Property, Jammu
2011-12-26
Sanjay Gupta
body2011
DigiLaw.ai
1. Petitioner Jageter Singh s/O Balak Ram has filed present revision petition against letter No. 151/53/AP dated 10-11-09, by virtue of which Custodian E.P. Jammu has directed Deputy Custodian (Rural) Jammu for proceeding on spot and resume possession of evacuees property i.e. land measuring 25 Kanal-2 Marlas covered under Khasra No. 268,269,270 situated at Estate Fathepur Sheikyan Tehsil R.S. Pura from unauthorized occupant. 2. At the time of filling revision petition certified copy of impugned order was not annexed and an application for dispensation of order was filled. 3. It appears that on 13-11-09 copy of impugned order was dispensed with by the court and it was directed to counsel to produce copy on next date. Thereafter two years has passed but till day certified copy of order has not been furnished. As this court is correcting and supervisory court, so revision petition is required to be decided on merit. 4. It appears from perusal of the record that on 8.1.2008, a case file was forwarded by custodian general Jammu to Deputy Custodian Jammu, wherein he was asked for conducting de-novo inquiry with regard to double allotment of land to deceased Balak Ram and Anant Ram sons of one Mula Ram, in term of orders dated 8-1-1987 and 27-1-1989 passed by J&K Special Tribunal Jammu. The concluding para of order dt 8.1.2008 passed by custodian general reads as under. "Considering the facts of the case, I feel that the court below has by passed the very important aspect of the matter, i.e. determination of question of double allotment and its cancellation and subsequently its allotment to the informant after holding a proper inquiry into the case in pursuance of order of Hon'ble Special Tribunal dated 08-01-1987 and 27-01-1989. Since there is clear proof that S/Sh. Balak Ram and Anant Ram (respondents) sons of mula Ram have expired and Vidya Devi is also believed to have expired as stated by the ld. Counsel representing her as such the revision petition filed by Vidya Devi (petitioner) has become infructuous. The order passed by the Custodian Evacuee Property Jammu dated 30-11-1991 impugned before this court does not appear to be legally valid and sustainable in view of the fact that the case was transferred from his court to the Court of Dy. Custodian Jammu by the Hon'ble Special Tribunal so the Dy.
The order passed by the Custodian Evacuee Property Jammu dated 30-11-1991 impugned before this court does not appear to be legally valid and sustainable in view of the fact that the case was transferred from his court to the Court of Dy. Custodian Jammu by the Hon'ble Special Tribunal so the Dy. Custodian as authorized by the Hon'ble Special Tribunal, as such the same is set-a-side with a direction to the Dy. Custodian (authorized) Jammu to proceed in the matter in accordance with the law and dispose of the case expeditiously. He is further directed to report the matter to the Custodian Evacuee Property Jammu after it is established that the deceased respondents were holding double allotment of land i.e. in excess of the prescribed scale, for taking over the possession of the same for direct management of the department. The revision petition is accordingly disposed off. A copy of this order be sent to Custodian Evacuee Property Jammu as well as Dy. Custodian(A) Jammu for information and follow up action. The records be also returned to the court below. Order passed today : 08-01-2008 Sd/- (Kifayat Hussain Rizvi) KAS Custodian General J&K Jammu 5. Facts necessary for determination of case are that:- That Niab Tehsidar R.S. Pura (ASST. custodian ) on 9.9.1974 cancelled allotment of land on the name of one Balak Ram, measuring 25 kanals 1 marala under survey no. 269,268 and 270 situated at village fateh pur R.S. Pura, on the ground that he was holding excess land, than prescribed. 6. A Revision petition was filled before custodian jammu, who on 10.2.1981 accepted the revision and remanded case back on the ground that aggrieved person was not heard. 7. Assistant Custodian (Tehsildar) R.S. Pura on 25-5-1982 passed an order, where by land measuring 25 Kanal-1 Marla covered under Khasra No. 268,269,270 was cancelled from allotment of Balak Ram, as he was in excess of land than prescribed scale. The land was kept on superdari of one Vidya Devi till proper allotment is made. Vidya devi sought allotment of this land on the grounds that, she pointed out double allotment and so have preferential right on land in term of 371-Reh. of 1971.
The land was kept on superdari of one Vidya Devi till proper allotment is made. Vidya devi sought allotment of this land on the grounds that, she pointed out double allotment and so have preferential right on land in term of 371-Reh. of 1971. This became bone of contention between Vidya Devi Superdar and Balak Ram and others and a revision was filled before custodian, who on 11.4.1983 accepted the same and held that board allotment be kept intact and other allotment on any member of family of Balak Ram be cancelled. Balak Ram filled a revision before custodian General, who accepted the same on 22.12,1983. There after vidya devi approached before this court and this court on 8.1.1987 accepted the same and remanded case back to custodian for inquiry. Finally Deputy Custodian E.P. Jammu was asked to deliberate on the point of fact "Determination of question of double allotment, its cancellation and subsequently its allotment to informant Vidya Devi. Deputy Custodian E.P. Jammu, by custodian general in his order dt. 8.1.2008. Relevant extract has already mentioned above. 8. In this order it has come that Balak Ram and Anant have died in 1992 and 2001. It has also come that Vidya devi has also died. No legal representative of any party came for becoming as party in place of deceased. It further appears from record that, before various court, on behalf Balak Ram, petitioner herein was prosecuting the case as attorney holder. This attorney has been registered with sub registrar R.S. Pura on 26.6.1992. After death of Balak Ram power of attorney became infructuous, but he never tried to become party in litigation, as legal representative. 9. Deputy Custodian E.P. Jammu after enquiry gave finding that, Balak Ram and Anant Ram Sons of Mula Ram constituted a single family as per form "A" along with their father. They were allotted land measuring 56 kanals under Kh. Nos. 157,158,268,269,270 & 272 in village Chak Fateh Pur Sheikha R.S. Pura as per prescribed scale by Joint Rehabilitation Board. Anant Ram one of the family members able to secure other allotment of 30 kanals of land of Abi in village Gura Brahamana in 1962 under LB- 7/C as displaced person despite being member in family of his father Mula Ram. After the death of Mula Ram, Balak Ram became head of family. 10.
Anant Ram one of the family members able to secure other allotment of 30 kanals of land of Abi in village Gura Brahamana in 1962 under LB- 7/C as displaced person despite being member in family of his father Mula Ram. After the death of Mula Ram, Balak Ram became head of family. 10. Anant Ram the brother of Balak Ram in Camp Office of concerned authority deposed that, land measuring 31 kanals which has been allotted to him in village Fateh Pur sheikhya be cancelled and in place land allotted to him in village Gura Brahamana be restored to him as he is in occupation of same. 11. Accordingly, it was held by Deputy custodian that double allotment was made to family of Anant and Balak ram. He further held that as Vidya devi has died, so land in question shall be retained by department. 12. Deputy Custodian E.P., after concluding his inquiry on 26.10.2009, reported to custodian Jammu, as per direction of custodian General, that Balak Ram and Anant Ram Sons of Mula Ram constituted a single family and they were holding double allotment of land. The land comprising under Kh. Nos 268,269 & 270 measuring 25 kanals in village Fateh pur Sheikyan was excluded from the allotment of Mula Ram and it was held that the land in question shall come in possession of department. 13. This order was passed on 26-10-2009. Accordingly report and file was forwarded to Custodian E.P. Jammu, who on 10-11-09 issued order thereby directing Dy. Cutodian to take possession of land from its unauthorized occupant. Petitioner is son of Balak Ram has not challenged the impugned order of Deputy Custodian Jammu dated 10-11-09, where a specific finding has been given that family of Balak Ram deceased was holding double allotment of land being displaced, but instead has challenged the order which was issued by Custodian for evicting the unauthorized possession of person from land. From the perusal of this order it is evident that this, order has been passed for complying order dated 26-10-09. 14. Even otherwise it is settled law that a member of a displaced family cannot hold double allotment of land, one at a village where he is registered in form A and residing with his head of family and other independently at other village.
14. Even otherwise it is settled law that a member of a displaced family cannot hold double allotment of land, one at a village where he is registered in form A and residing with his head of family and other independently at other village. A displaced person is legally obliged to surrender evacuee land to dept., if is found in possession of excess land than prescribed under Act. 15. Finding of facts cannot be disturbed by a Revisional court, unless these are perverse in nature. Now law is very much settled, that Revisional court will adjudicate upon the matter of court below only when, question of law is raised or question of public importance arises. In present case a finding of fact has been recorded by Deputy Custodian Jammu, that predecessor of petitioner was holding double allotment of land, being displaced person and that too in excess of prescribed scale. 16. In view of what has been discussed above, present revision is devoid of any merits, hence it is dismissed. File of court below be sent back along with this order.