Cancellation of allotment where allottee have failed to take its possession

4/12/1962

Punjab Government Department of Rehabilitation

To

All the Deputy Commissioner and

All the Tehsildar (Sales) in the State.

No.RI(165)/29259-94/Reh®               Dated Jalandhar 4/12/62

Sub:     Cancellation of allotment where the allottees have failed to take its possession.

Memorandum       

In connection with the subject cited above I am to refer to the instructions circulated with this department letter No. R(III)/1258-1423 (Reh (R) dated 6/4/62, and to say that even now cases come to notice of the Government where the allot tees did not take possession of the lands allotted to them and the revenue officials, particularly the Patwaris in collusion with some influential persons have been mis-appropriating their produce.

2.At present action can be taken on these cases only when complainant brings them to the notice of the authorities but the majority of the cases remain unnoticed as no complaint have been received against them. It has, therefore, been decided to carry out a village wise survey of such cases so that all of them may come to light at once. Action may, therefore, be taken along the following lines:

(i)Within a fortnight of the receipt of this letter the Patwaris should prepare in the enclosed form lists of lands allotted, but not taken into possession by the allot tees so far in their respective circles. They should ascertain the present addresses of the allot tees as far as possible and enter them in the lists.

(ii)These lists should be forwarded to the Tehsildars (Sales), who will enter them in a register on the form enclosed. The register is meant for watching action in cases of unauthorized possession generally. In other cases of un-authorized occupants that come to your notice in the future, may, therefore, be entered in this register and watch on each of these cases should be ensured.

(iii)(a) In cases where the allotments have not yet been made permanent, the Tehsildars (Sales) should within a week of the receipt of the letter call upon the allottee to show cause why his allotment should not be cancelled. Action to cancel the allotments should then be taken in accordance with paragraph 2 of this department letter dated 6/4/62, cited above.

(b)In cases where the allot tees have not taken possession even after obtaining P rights it would be worthwhile examining the circumstances under which such possessions have not been taken over. It is possible that the allot tees are not interested in taking possession because they have got their claims satisfied elsewhere and the allotments abandoned are in excess of their titles. Suitable action should be initiated to have the P. rights in such allotments also set-aside after a due notice to the allot tees.

(c)Where addresses of the allot tees are not known, substituted service of the notice may be effected in accordance with rule 117 of the Displaced Person (C&R) Rules, 1955.

(d)As soon as the allotment is cancelled, the area retrieved should be entered in the register of surplus properties and arrears of rent should be assessed and entered in the Demand and Collection Register (Khatauni). Action to retrieve the area as well as to recover the arrears of rent should then be initiated immediately.

(iv) In each case, enquiries should be initiated as to how the lands not taken into possession by the allot tees were dealt with by the Revenue Officials so far and if it is found that the produce thereof was mis-appropriated by any official, action should be initiated against him immediately, under intimation to this department.

(v)A cent-percent checking of the lists mentioned in (i) above, should be carried out at the spot by the Tehsildars or Naib Tehsildars (Sales) or Naib Tehsildars (Recovery) working under him. Omissions and errors thus detected should then be entered in the lists mentioned above and if the Patwari has shown negligence or bad faith in preparing the original lists, action should be taken against him also.

(vi)Action should be completed along the above lines within 2 months of the receipt of this letter and thereafter report giving the following particulars should be submitted to this department :

1:Name of Tehsil.

2:No. of cases & the area involved where the allot tees did not take possession of the land.

3:No. of cases where officials misappropriated the produce of such lands.

4:No. of cases in which allotments cancelled and the area involved.

5:No. of departmental enquiries or other proceedings instituted against officials in these cases.

6:No. of cases in which allotments yet remained to be cancelled.

(vii)There may be a large number of similar cases where unauthorized possession continue because of the following:

(a)Orders of Competent Officers or Assistant Custodians vesting property in the Custodian or orders of M.Os. cancelling allotments were not implemented.

(b)Evacuee properties were not shown in the register of surplus evacuee properties, and were not utilized for allotments or sale or lease.

3.Instructions have already been issued with regard to the action required in such cases. It should be ensured that these properties are also retrieved from unauthorized occupants.

                                                                        For Deputy Secretary to Govt. Punjab,

                                                                        Rehabilitation Deptt. Jalandhar.