Babu Ram Vs State

IN THE COURT OF SHRI S.S.KHARA P.C.S. ADDITIONAL DIRECTOR CONSOLIDATION-CUM-MANAGING OFFICER (HQ) DEPTT OF REVENUE 7 REHBILITATION, PUNJAB (KOTHI NO.280, SECTOR 10-A, CHANDIGARH)

-------------------------------------------------------------------------------------------Case No.MO/HQ/87/                   Date of Inst.                  Date of decision

24.2.9715.01.2001

1Babu Ram son of Sh.Anant Ram resident of House No.15-F (Outer) Nangal Dam Distt. Ropar.

Petitioner

Versus

State                                                                                              Respondent

Petition for allotment of land in lieu of the land left in Pakistan by Sh.Anand Ram s/o Sh.Jagat Singh in Vill.Dhadiala Tehsil Sialkot, Distt.Sialkot, Pakistan.

Present:- Sh.Babu Ram petitioner in person.

ORDER

This is an application dated 16.12.96 filed by Sh.Babu Ram Minhas son of Sh,.Anand Ram resident of Nangal District Ropar for the allotment of the land left by his father Sh.Anant Ram son of Jagat Singh in village Chak Dhadiala and Thand-thawan, village & District Sialkot (Pakistan) and in the application it has been stated that after migrating to India his father stayed in village Panjtoot post office Palanwala tehsil Akhnoor Distt.Jammu and he died on 24.6.1985 in that village. But due to some unavoidable reasons his father could not got allotment or parchi allotment. Petitioners are eight brothers and two sisters. In the end he has prayed that they may be allotted land as per rules.

2. The petitioner Sh.Babu Ram was heard personally on 18.9.2000. He stated that no land has been allotted to him so far. The I-D Report prepared on 16.6.98 attached with the file at page 40 shows that allotment was made to Sh.Anant Ram s/o Sh.Jagat Ram in village Jahankhelan, H.B.No.354, Tehsil Hoshiarpur measuring 0-3 ¾ units and 0-6 units in another village Meghowal, H.B.No.443, tehsil Garshankar in lieu of the land abandoned by his father in Pakistan. The petitioner was directed to produce relevant papers of allotment of the land allotted to his father in village Jahankhelan & Meghowal. Today he appeared and produced a copy of Jamabandi for the year 1962-63 of village Jahankhelan in which Sh.Anant Ram is recorded as the owner in possession of khasra No.40//17/3(2-13). On this copy there is a note that this land has been cancelled vide Report No.366 dated 20-4-67. Copy of Rapat Roznamcha No.366 for the year 1966-67 of village Jahankhelan has been produced. In this rapat, it has been recorded that this land was cancelled at Sr.No.18 vide M.O’s order dated 31.01.1967 for non-possession. Regarding allotment of land in another village Makowal, no parchi allotment has been produced.

3. From the above, it is clear that order of cancellation was passed by the Managing Officer on 31.1.1967. The petitioner’s father was alive up to 24.06.1985. If he had any grievance against the above order of cancellation he could have filed appeal as per provisions of the Displaced Persons (Compensation & Rehabilitation ) Act. But it seems that he did not do so due to the reasons best known to him. As Managing Officer, I have no authority to review any appealable order of my predecessor. The petitioner has filed this application by concealing the fact of previous allotment and its cancellation by the competent authority. The proper remedy available to the petitioner is to file an appeal before Settlement Commissioner against the order of M.O. dated 31.1.1967after obtaining its certified copy.

Keeping in view the above position, the application is dismissed.

Announced in the open court.

                                                                        (S.S.Khara,PCS)

Place:Chandigarh                                       Managing Officer (HQ)

Dated:15.01.2001                         Deptt.of Revenue & Rehabilitation

                                                                           Punjab.