Decided on April 22,1957



- (1.) THIS is an appeal by Parduman Singh and Ram Narain Singh, appellants, under clause 10 of the Letters Patent from the judgment and order, dated May 29, 1953 of a learned Single Judge of this Court. The facts are these.
(2.) THE two appellants and their third brother Kartar Singh, in consequence of the partition of the country In 1947, moved from Bahawal-pur State back to their village Lambra, in Tehsil Hoshiarpur of that very District. Adjoining to village lambra is village Beroon Kangri, which is be-chiragh, in other words, though the estate is there, there is no inhabited village within the area of the estate. The remote ancestor of the appellants was one Ram Das, who had two sons named sehju and Jattu. The appellants are the descendants of Sehju and the family land of village Lambra fell to the share of the descendants of Sehju. The family land of village Beroon Kangri came to the share of the other branch of jattu. There Is another village named Begewal which also adjoins the area of village Lambra. Of the two appellants Parduman Singh was allotted land, on temporary basis, in village Begewal, and Bam Narain Singh in villages Beroon kangri and Ba-gewal, and their third brother Kartar Singh in villages Begewal and tajpur Kalan. The appellants and their brother were allot- ted lands on quasi-permanent basis in village Ba-gewal, but before the allotments could be conveyed to them and made effective, upon the application of some third persons those allotments were cancelled and the appellants and their third brother were then allotted lands in villages Lambra, including in the area of be-chiragh village Beroon Kangri, and bagewal, that is, partly in one village and partly in the other. It is not necessary to give exact area of allotment in each one of these two villages. This was done under the orders, dated January 13, 1950, of Mr. M. S. Randhawa, who was then the Additional Custodian. The appellants and their brother were issued sanads of allotments and it appears they were put in possession of the lands allotted.
(3.) AN application was made some time in March, 1950, by Singha Mal, respondent no. 5, to the then Minister of Rehabilitation in the State. Upon that application the minister passed the following order on June 23, 1950, and forwarded it to the director-General of Rural Rehabilitation (the Additional Custodian Mr. M. S. Randhawa) "prom the report above it is quite apparent that Singha Mal, a temporary allottee within his area of allocation and grade, has been disturbed from his temporary place of allotment without any justification. Parduman singh, Ram Narain Singh and Kartar Singh were never temporary altottees of village Lambra and according to rules temporary allottees are given preference over the colonists in their original home village. D. G. R. R. to please see to it and the wrong decision taken on account of some wrong report should be reversed and the temporary allottee within his area of allocation and grade should be brought back to the place of his temporary allotment. " This appears to have been placed before Mr. M. S. Randhawa, the Additional custodian and Director-General, Rural Rehabilitation, on June 28, 1950, whereupon he merely signed it, without writing a word more of his own on it, and passed it on to the Revenue Assistant Rehabilitation of Hoshiarpur, apparently for compliance. In pursuance thereof allotments of the appellants and their third brother were cancelled and the allot-ment cancellation order chit in each case when referring to the order under which the cancellation had been made says that it was made under order, No. 1369/mr-50, dated June 23, 1960, of the Hon'ble the Minister for Rehabilitation. The number of the order given above is in fact the number of the original order of the Minister and has been given correctly in the allotment cancellation chits.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.