Punjab-Haryana High Court
Pritam Singh Bhullar And Another vs The Financial Commissioner (Revenue) on 1 October, 2012
Author: Ranjit Singh
Bench: Ranjit Singh
CIVIL WRIT PETITION NO.17635 OF 2010 :{ 1 }:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: OCTOBER 01, 2012
Pritam Singh Bhullar and another
.....Petitioners
VERSUS
The Financial Commissioner (Revenue), Punjab, Chandigarh and
others
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Dinesh Ghai, Advocate,
for the petitioners.
Mr. B.B.S.Teji, Addl.A.G., Punjab,
for the State.
*****
RANJIT SINGH, J.
The grand father of the petitioners, Late Sardar Sunder Singh Bhular son of Late Sardar Bhagh Singh had abandoned some land in West Pakistan at the time of partition in the year 1947. Late Sardar Sunder Singh Bhullar was allotted land measuring 37 kanals 13 marlas in Village Chapperchiri Kalan, District Mohali, by Rehabilitation Department on 9.3.1983. The petitioners claim this to be paper transaction only, though the possession was given to the grand son of Late Sardar Sunder Singh Bhullar, namely, Late Sardar B.S.Bhullar. As per the petitioners, on the spot this land was under
CIVIL WRIT PETITION NO.17635 OF 2010 :{ 2 }:
river action and the same was in the possession of Gram Panchayat Village Chapperchiri Kalan, District Mohali. The petitioners, therefore, claim themselves to be loosers and have accordingly approached this Court with a grievance that despite allotment, they remained deprived of the benefit.
In response to notice, reply has been filed.
State counsel has justified the action on the ground that the land, as per the claim, has been allotted to the petitioners and this was, as per the choice expressed by Mr.B.S.Bhullar, grandson of the allottees on the basis of which Parchi allotment was issued on 7.3.1983. It is also stated that the allottees were put in possession of the allotted land through their grand son, Mr.B.S.Bhullar. Reference is also made to Rapat No.220 recorded in the Roznamcha in the presence of Sh.Daljit Singh, Nambardar. As per the reply, the allottees have been shown to be in continuous and uninterrupted possession of allotted land as per Khasra Girdawari right since 1983.
While responding to the competence of the respondents to allot this land being a Shamlat Deh, reference is made to the case of Gram Panchayat of Village Jamalpur Vs. Malwinder Singh and others, decided on 9.7.1985, which according to the State would prevail in the State of Punjab even over the Central Act. Accordingly, the Shamlat Deh lands and the shamlat share of Muslim evacuees would also vest in the Gram Panchayat. Subsequently, in order to protect allotment of displaced persons before the above judgement, the Hon'ble Supreme Court in Jamalpur's case (supra) has recognized the rights of such persons. Thus, the allotment made in favour of the CIVIL WRIT PETITION NO.17635 OF 2010 :{ 3 }:
petitioners has been termed as valid and legal, for which the petitioners can not seek any further relief either from this Court or in the writ petition or other Forums.
Learned counsel for the petitioners, however, submits that only symbolic possession was handed over to them and physical possession has not been given. He has also orally referred to some record, showing that the land is still shown to be in possession of the Panchayat. If there is any need for correction of any revenue entry on the basis of this allotment and on the basis of the possession being handed over to the petitioners, the petitioners can approach the revenue authorities. As per the stand taken by the State, the revenue entries are shown in the name of the petitioners ever since 1983. Otherwise also, the petitioners can very well draw the attention of the revenue authorities to the law laid down by the Hon'ble Supreme Court since the land is still being shown in the ownership of the Panchayat.
The writ petition is disposed with the above directions for the petitioners to get their grievance redressed, if any. Otherwise the allotment has been validly made on the name of the petitioners at a place, which now has a great potential.
October 01, 2012 (RANJIT SINGH ) khurmi JUDGE