MO/HQ/2K/24 Order dated 20.11.2000

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/24                        18.4.2000                                20.11.2000

Sh. Hukam Singh s/o Sh. Maghar Singh, resident of village Saraswati Khera, Tehsil Pehwa Distt. Kurukshetra through Sh. Balwinder Singh s/o Sh. Dalip Singh r/o Saraswati Khera tehsil Pehwa Distt. Kurukshetra.

…Petitioner

Versus

State of Punjab.

….Respondent

            Application for cancellation of land allotment from the name of Hukam Singh s/o Maghar Singh in village Mand Chakoko, H.B.No. 87, Tehsil Dhilwan Distt. Kapurthala which has been wrongly sold by Sohan Singh G.P.A in favour of Gurbax Singh s/o Kesar Singh & others village Mand Chakoki, Tehsil Dhilwan Distt. Kapurthala.

Present:            Shri G.S. Nagra, Advocate, for the petitioner.

                                                                                   ORDER

This is an application filed by Shri Balwinder Singh s/o Dalip Singh, G.P.A. of Sh. Daljit Singh sons of Shri Hukam Singh resident of village Saraswati Khera Tehsil Pehwa Distt. Kurukshetra for the cancellation of land allotted to Sh. Hukam Singh s/o Sh. Maghar Singh in village Mand Chakoki, Tehsil Dhilwan (Kapurthala).

2. The petitioner has stated in the application that Sh. Hukam Singh allottee left the land in village Chak No. 284 Tehsil & District Shekhupura (Pakistan) and he was allotted land in India and parchi allotment was issued to him. The allotment was made in village Mand Chakoki H.B. No. 87 Tehsil Dhilwan (Kapurthala) and the name of the allottee appeared in the jamabandi for the year 1958-59 photocopy of which is enclosed. Shri Hukam Singh allottee died on 6.2.1969 and some body by impersonation executed sale deeds dated 11.9.1968 and 31.7.1969 on behalf of Hukam Singh allottee. Mutation Nos. 1375, 1376, 1380 and 1381 were got sanctioned. The sale deeds were executed by one Sohan Singh s/o Narain Singh as General Power of Attorney of Hukam Singh. On the said G.P.A., L.T.I. of Hukam Singh has been affixed. In fact he used to sign in English. Sh. Hukam Singh died on 6.2.69 and his last rites were performed by father of applicant namely Dalip Singh. That the vendees through attorney Sohan Singh s/o Narain Singh are bogus and they have connived with the said attorney and wrongly got the land transferred in their name. Therefore the applicants have requested to cancel such allotment and the same may be allotted/transferred in the name of the applicant being one of the legal heir of late Sh. Hukam Singh allottee.

3. Counsel for the applicant/petitioner has heard today. He has contended that allotment was made to Shri Hukam Singh in lieu of the land abandoned by him in Pakistan. The allotment was made in village Mand Chakoki Tehsil Dhilwan Distt. Kapurthala and the name of the allottee appeared in the jamabandi for the year 1958-59 but the same land has been wrongly transferred by an attorney Sohan Singh s/o Narain Singh in a fraudulent way so the land deserves to be cancelled and vendees be declared as bogus vendees.

4. I have examined the request of the petitioner/applicant. But I am unable to give any relief to him as the present petition is totally misconceived and ill-advised. The applicant has himself admitted in the petition that land was allotted to Sh. Hukam Singh in village Mand Chakoki Tehsil Dhilwan and the name of the allottee appeared in the jamabandi for the year 1958-59. Perusal of the record attached with the petition shows that the predecessor of the petitioner Sh. Hukam Singh, Basant Singh ss/o Maghar Singh were allotted their due land in 1950 in village Mand Chakoki and sanad dated 27.6.1958 was issued to them. The allotment was implemented in the revenue record and at the time of consolidation a separate Kurrah was allotted to them as per entries in Khewat/Khataoni No. 27/33, 112/119, 175/184 & 241/273. So after the allotment and delivery of land to Hukam Singh and Basant Singh the role of Rehabilitation Department was over. On 29^th September 1967 a general power of attorney was executed by Hukam Singh s/o Maghar Singh in favour of Sohan Singh son of Naryan Singh and it was got registered in the office of Sub-Registrar Jind at Sr. No. 76 and on the basis of this general power of attorney land was sold by the said attorney through registered sale deeds in the year 1968 and 1969. The petitioner in the petition has alleged that above general power of attorney was a bogus document as his father had not executed any such document and transfer of any land on the basis of above general power of attorney is fraudulent and illegal. The petitioner/applicant has chosen a wrong forum to agitate his claim. It is the domain of Civil Court to decide such matters and for initiation criminal case the petitioner/applicant should have approached the concerned Police authorities.

5. Keeping in view the above facts the petition/application of the petitioner is dismissed being misconceived, ill-advised and this court has no jurisdiction to give the desired relief to the applicant.

                        Announced in the open court.

Dated: 20.11.2000                                                              ( S.S. Khara, PCS)

Chandigarh.                                                                       Managing Officer