MO/HQ/2K/15 Order dated 10.9.2000

IN THE COURT OF SHRI S.S. KHARA, PCS, ADDITIONAL DIRECTOR CONSOLIDATION-CUM-MANAGING OFFICER (HQ) REVENUE & REHABILITATION DEPARTMENT, PUNJAB.

Petition No. Date of Institution Date of decision

MO/HQ/2K/15 10.9.1998 18.9.2000

1.Karnail Singh son of late Shri Bishan Singh

2.Karam Singh son of late Shri Gurdit Singh

(both residents of House No. 2835, B-II, Mohalla Patel Nagar, Jandiala Guru, District Amritsar.

3. Dharam Singh son of late Shri Gurdit Singh r/o House No. 2315, Ward No. 10, Mohalla Thathiran, Jandiala guru, Tehsil & Distt. Amritsar.

…………..Petitioners.

Versus

The State of Punjab.

………..Respondents

Petitioner for the allotment of land in lieu of land abandoned by ancestors of the petitioners in Pakistan.

Present: - Sh. Karnail Singh, Sh. Karam Singh and Sh. Dharam Singh petitioners.

Sh. Dinesh Ghai, Advocate for the petitioners.

                                                                                     ORDER

This application was filed by the petitioners on 10.9.1998 for allotment of land in lieu of the land abandoned by their forefathers in Pakistan. They have stated in the application that late Sh. Bishan Singh, late Shri Gurdit Singh sons of late Shri Ranga Singh abandoned land in West Pakistan in Chak No. 413, Rectangle No. 56 Tehsil Pakpatan Distt. Montgomery, West Pakistan. The total land left by their ancestors was about 25 acres. The petitioners are the legal heirs of the deceased persons. They are in continuous correspondence with the Department, but no land has been allotted to the petitioners so far.

2. Learned counsel for the petitioners has argued that from the copy of Fard Taksim, it is clear that 25 acres of land was abandoned by the petitioners’ fathers in village E.B. 413, Tehsil Pakpatan and no land has been allotted to them in lieu of the above land in India so far, so this petition be accepted and petitioners be allotted due land.

3. I have gone through the document (Fard Taksim) on which petitioners are relying in respect of their alleged entitlement. From this document, it transpires that Government vide order dated 31.5.45 had given 200 Kanals (25 acres) land comprised in Khasra Nos.1 to 50 in rectangle No. 56 situated in village E.B. 413 Tehsil Pakpatan on lease for four years i.e. kharif 1945 onwards for reclamation to Shri Puran Chand, Bishan Singh and Gurdit Singh sons of Ranga Singh in equal shares and possession of this land was handed over to them on 28.7.45. In the remarks column of this document, it has been clearly recorded that this land was taken back in favour of the Government on account of non payment of installments vide order of C.O. Sahib Bahadur. No other document has been produced by the applicants, which can favour the alleged claim of the petitioners.

4. From this documentary proof, it is clear that before partition of India, petitioner’s predecessors were deprived of their possession of the above leased land by the Govt. as they had failed to deposit the due installments. From the facts and circumstances of this case, it can safely be concluded that there is no weight in the claim of the petitioners for allotment of land in lieu of the abandoned leased land which was duly cancelled and possession, was taken back by the govt. and they are seemed to be corresponding/filing applications under wrong impression. This petition is devoid of any merit. Hence the petition is dismissed.

Announced in the open Court.

Dated: 10.9.2000

( S.S. Khara, PCS)

Chandigarh.

Managing Officer

Revenue & Rehabilitation

Deptt., Punjab.