JUDGMENT/ORDER Augustine George Masih, J. (Oral) - Petitioner No.1-Doaba Nirmal Mandal (Regd.) (hereinafter referred to as "the Dera") is said to be a religious body and petitioner No.2, who asserts herself to be the Mohtmin and Manager of the Dera, have filed this writ petition, challenging the order dated 30.05.2018 (Annexure P-10) passed by the Financial Commissioner, Revenue and Secretary to Government of Punjab, delegated with the powers of Central Government under Section 33 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954, whereby an application preferred by one Sant Pritam Singh Chela Baba Hari Singh has been allowed and the allotment/transfer of urban evacuee land measuring 24 kanals 9 marlas in favour of petitioner No.1 has been set-aside and the land restored to the State on the ground of misuse of terms of allotment/transfer of the said land. 2. Learned senior counsel for the petitioner asserts that the petitioner has filed the present writ petition for quashing of the order dated 03.05.2018 (Annexure P-10) passed by the respondent, whereby the transfer of land by way of allotment/conveyance deeds dated 02.08.1979 and dated 09.03.1981 (Annexures P-5 and P-6 respectively) has been set-aside and further the land was resumed/restored to the State with a further direction to the District Collector, Hoshiarpur to take necessary steps to retrieve the land in dispute and restore the mutation in the name of the State. He contends that the impugned order is not sustainable in the light of the fact that Bibi Parkash Kaur was the Member of the Dera and as per the resolution passed by the Dera dated 14.10.1979, General Secretary of the said Dera was authorized to transfer the land measuring 2 Kanals 9 Marlas in favour of Bibi Parkash Kaur. He further contends that the land in question was transferred in the name of petitioner No.1-Dera in two parts, firstly 2 kanals and 2 marlas vide conveyance deed dated 02.08.1979 (Annexure P-5) and secondly 22 kanals 7 marlas vide conveyance deed dated 09.03.1981 (Annexure P-6), which comprised of Khasra No.7//26 situated in Village Attalgarh, Tehsil Mukerian, District Hoshiarpur. He, thus, contends that the sale in favour of Bibi Parkash Kaur, being in consonance with the resolution of the Dera-petitioner No.1, cannot be faulted with. He, thus, contends that the sale in favour of Bibi Parkash Kaur, being in consonance with the resolution of the Dera-petitioner No.1, cannot be faulted with. He further contends that despite the sale of the land in favour of Bibi Parkash Kaur, it is an established position that the possession of the land was and is with the Dera. The findings with regard to the misuse or violation of the conditions of the conveyance deeds are not based upon the true facts and, therefore, unsustainable. His further submission is that the findings, as have been recorded by the respondent, are without any basis and, therefore, unsustainable. The disputed land is being used only for the religious purpose and there has been nothing to indicate that the land is being misused for any purpose except for the betterment and progress of the Dera. Although the land was transferred in the name of Bibi Parkash Kaur but there has been no further misuse of the land by Late Smt.Parkash Kaur nor has there been any misuse by the present Dera head, Bibi Narinder Kaur. He, thus, contends that the order passed by the Financial Commissioner dated 30.05.2018 (Annexure P-10), as impugned, cannot sustain and deserves to be set-aside. 3. As per the petitioner, Sant Hari Singh constructed a Dera known as Loh Langer Gurudwara Sant Baba Hari Singh on land measuring 7 kanals 10 marlas, which was part of an evacuee area comprising Khasra No.161/359, Khasra No.7//26 measuring 24 kanals 9 marlas in Village Attalgarh, Mukerian. On the remaining area of 16 kanals 19 marlas, there was a holy tank (sarowar). The Dera as well as the Sarowar were under the possession and management of Sant Hari Singh during his life time. After the death of Sant Hari Singh, Bibi Parkash Kaur was appointed as Manager and Mohtmin of the said Dera and Sarowar, being his Cheli for a number of years during his life time. Bibi Parkash Kaur, being the Mohtmin, wrote several representations to the officials, requesting transfer of the land in dispute in favour of the Dera or its Members as the intend was for utilizing it for the benefit of the Members of the Dera for establishing schools, hospitals etc. Vide a resolution dated 20.10.1977, Secretary of petitioner No.1-Dera was authorized to purchase the land for Dera and was also authorized to sell or mortgage such land. 4. Vide a resolution dated 20.10.1977, Secretary of petitioner No.1-Dera was authorized to purchase the land for Dera and was also authorized to sell or mortgage such land. 4. Sant Pritam Singh, who was also a Chela of Baba Hari Singh, wanted to claim himself to be the Mohtmin of the Dera on the death of Sant Hari Singh. However, Late Bibi Parkash Kaur was granted the status of Mohtmin of the Dera, which was duly approved and she was declared and recognized being in possession of the Dera vide judgment and decree dated 22.09.1979 passed by the Sub Judge Ist Class, Dasuya in Civil Suit No.259 of 1977 (Annexure P-3). This fact proved that the actual physical possession of the land in question was with Bibi Parkash Kaur. 5. The requests made by the Dera-petitioner No.1 to the Government relating to allotment of the evacuee property was accepted and conveyance deed dated 02.08.1979 (Annexure P-5) was executed qua Khasra No.7//26 min, measuring 2 kanals 2 marlas situated in Attalgarh, Tehsil Mukerian, District Hoshiarpur. Another conveyance deed dated 09.03.1981 (Annexure P-6) of land measuring 22 kanals 7 marlas in Khasra No.7//26, situated in village Attalgarh, Tehsil Mukerian, District Hoshiarpur was executed in the name of petitioner No.1. In the light of the conveyance deeds dated 02.08.1979 and 09.03.1981, petitioner No.1 became the owner of total land measuring 24 kanals 9 marlas. 6. Both these conveyance deeds, apart from being allotted for a religious Institution for the said purpose, contained a condition that the said land cannot be sold or alienated in any manner within a period of ten years and that in case of breach of the condition of allotment, the land would be liable to be resumed. 7. This land i.e. 24 kanals and 9 marlas was transferred by way of sale deed dated 08.06.1981 in the name of Bibi Parkash Kaur by the Dera. It would not be out of way to mention here that the concessional price for 2 kanals 2 marlas was Rs. 2315/- and that of 22 kanals 7 marlas was Rs. 17,651/-, total of which comes to Rs. 19,966/- whereas the sale price through the registered sale deed dated 08.06.1981 was Rs. 17,000/- only. It is not in dispute that this land was purchased from the Government for religious Institution and, therefore, the same could not have been sold to Bibi Parkash Kaur. 8. 17,651/-, total of which comes to Rs. 19,966/- whereas the sale price through the registered sale deed dated 08.06.1981 was Rs. 17,000/- only. It is not in dispute that this land was purchased from the Government for religious Institution and, therefore, the same could not have been sold to Bibi Parkash Kaur. 8. Sant Pritam Singh challenged the transfer of land to Bibi Parkash Kaur before the Financial Commissioner, Revenue, which was accepted vide order dated 22.06.1983 in Misc. Reh.No.30 of 1980-81 (Annexure P-7), wherein it was held that the concession granted by the Government has been mis-utilized and, thus, all orders, including transferring the land in favour of petitioner No.1 was set-aside with a direction to retrieve the land from Bibi Parkash Kaur. Action was also ordered to be taken against the erring revenue officer who had registered the sale deed on 08.06.1981 in favour of Bibi Parkash Kaur. 9. The impugned order was challenged in Civil Writ Petition No.5120 of 1983 by the petitioners and this court vide order dated 01.03.2006 (Annexure P-9) set-aside the order passed by the Financial Commissioner, Revenue, dated 22.06.1983, leading to filing of Letters Patent Appeal No.114 of 2006 by the State of Punjab, which was decided on 01.03.2017 and the order dated 01.03.2006 passed by the Single Judge was although upheld by observing that setting-aside of the order impugned in the writ petition on the ground that the sale qua 22 kanals 7 marlas of land was not even a subject matter of the application before the Financial Commissioner, which was without giving notice to the affected persons. It was further observed that the matter should have been remanded to the Financial Commissioner for decision afresh, especially in the light of the observations made by the Financial Commissioner in his impugned order dated 22.06.1983, which was found to be valid on facts, which were not denied to the extent that the allotment price was Rs. 19,966/- whereas the sale in favour of Bibi Parkash Kaur was for a sum of Rs. 17,000/-, especially keeping in view the short time span between the conveyance deeds and the sale. The Division Bench kept the matter open for re-determination by ordering the remand of the proceedings to the Financial Commissioner. 10. 19,966/- whereas the sale in favour of Bibi Parkash Kaur was for a sum of Rs. 17,000/-, especially keeping in view the short time span between the conveyance deeds and the sale. The Division Bench kept the matter open for re-determination by ordering the remand of the proceedings to the Financial Commissioner. 10. In pursuance of the Division Bench order dated 01.03.2017 passed by this Court in L.P.A. No.114 of 2006, learned Financial Commissioner, Revenue, has proceeded to decide the case afresh by holding that there has been misuse of the terms of the allotment as the land was allotted to a religious Institution but the sale has been carried out for private gains. Further, it has come to light from the order that after the sale of the land in favour of Bibi Parkash Kaur measuring 20 marlas in Khasra No.7//26, the same was sold by her to Paramjit Kaur daughter of Kabul Singh son of Basant Singh on 28.10.1986. Said Paramjit Kaur had further sold the land to Gurbachan Singh son of Late Sh.Kartar Singh on 16.01.1992. This was highlighted in an application dated 14.10.2017, which was moved by purchaser, Gurbachan Singh, to Financial Commissioner for proper determination of the matter, who called for the status report from the Deputy Commissioner, Hoshiarpur, regarding utilization of the land in question as also the factum of further transfer of the land. From the report, it is established that the land was initially transferred to the Dera being a religious Institution, which, in violation of the conditions, transferred the land in the name of Bibi Parkash Kaur, who further sold the land measuring 20 marlas to Paramjit Kaur, which ultimately was purchased by Gurbachan Singh, applicant. After the death of Bibi Parkash Kaur, remaining land out of Khasra No.7//26 devolved upon Smt.Narinder Kaur, who claimed herself to be the sister of Bibi Parkash Kaur. This further indicates that there has been violation of the terms of allotment. 11. The order further indicates that during the Court proceedings, Bibi Narinder Kaur had agreed that the land would be reverted back to Dera-petitioner No.1 and she would file an affidavit to this effect. This further indicates that there has been violation of the terms of allotment. 11. The order further indicates that during the Court proceedings, Bibi Narinder Kaur had agreed that the land would be reverted back to Dera-petitioner No.1 and she would file an affidavit to this effect. Affidavit dated 02.05.2018, which has been filed by Bibi Narinder Kaur, stated that land measuring 24 kanals 9 marlas was allotted by the Rehabilitation Department to Dera being religious Institution, which was later on transferred in the name of Bibi Parkash Kaur, Cheli Sant Hari Singh, being Member of the Dera. During her life time, Bibi Parkash Kaur sold 20 marlas of land to one Paramjit Kaur on 28.10.1986 and said Paramjit Kaur further sold the land to Sh.Gurbachan Singh on 16.01.1992. What was tried and sought to be asserted was that Bibi Narinder Kaur had not sold any part of the land from the date she was appointed to look after the property in question. It was further stated in the affidavit that she undertook not to sell any land, which is the subject matter of the case and it would be used for the welfare of Dera and it should be allowed to remain with her. The competent authority made it clear that it would not be possible for the State to agree to retention of land in the name of the private individual when the land has been allotted to a religious Institution and she should voluntarily return the ownership of the land to Dera-petitioner No.1. Initially it was accepted by Bibi Narinder Kaur, who was present in Court, as well as counsel for Dera i.e. petitioner Nos.2 and 1 respectively and sought time to executed the requisite documents for return of the land in the name of petitioner No.1. However, after that Bibi Narinder Kaur neither appeared before the Court nor did she submit any documents regarding return of the land of the Institution. Ultimately the counsel made a statement that they had no further instructions from their parties in this regard and requested the matter be decided on merits. 12. However, after that Bibi Narinder Kaur neither appeared before the Court nor did she submit any documents regarding return of the land of the Institution. Ultimately the counsel made a statement that they had no further instructions from their parties in this regard and requested the matter be decided on merits. 12. In the light of the above factual position, the Financial Commissioner had proceeded to consider the matter on merits and keeping in view the facts as have been narrated above, came to a conclusion that the terms and conditions of transfer of land from the evacuee property at the concessional rate and that too for a religious Institution stands clearly violated in the light of the admission of the fact that the said religious Institution had sold the land to a private person i.e. Bibi Parkash Kaur within a short span of less than two years from the date of transfer vide conveyance deeds dated 02.08.1979 and 09.03.1981 through the registered sale deed dated 08.06.1981. 13. That apart, the allotment price of the land was Rs. 19,666/- whereas the same has been sold for an amount of Rs. 17,000/-, which gives an indication that the sale deed was not a genuine one but a ploy to grab the property. This does not stop here. Bibi Parkash Kaur had then sold 20 marlas of land to one Bibi Paramjit Kaur on 28.10.1986, who further sold it to Sh.Gurbachan Singh on 16.01.1992. This further establishes the misuse of the Dera land, which was allotted by way of negotiations at concessional rate to a religious Institution, which was not for its betterment, rather it was for personal gains that the land in question has been put to use. 14. The Financial Commissioner has, thus, rightly proceeded to setaside the transfer of land in dispute to the religious Institution and order restoration of the same to the State as per the terms of allotment of the conveyance deeds dated 02.08.1979 and dated 09.03.1981 (Annexures P-5 and P-6). The order as passed by the Financial Commissioner, Revenue, Punjab, being based upon proper appreciation of facts and the provisions of statute do not call for any interference. 15. The writ petition, therefore, stands dismissed.