- (1.) The petitioner, who is a refugee from Sind, now in Pakistan' was allotted some land on temporary basis in village Seewan, Tehsil Kaithal, District Kurukshetra. At a subsequent stage, the claim of the petitioner to the allotment of this land was found to be bogus as the record received from Pakistan did not disclose him to be the owner of any land there. In view of this factual position, his allotment was cancelled vide order dated 15th September, 1960. However, subsequent to this the State Government vide its instructions dated 12th March, 1963, Annexure 'A' to the petition allowed such bogus allottees to purchase land in their possession upto a limit of 5 Standard Acres. The relevant part of these instructions is reproduced as follows :- "After the purchase of surplus rural evacuee property by the State Government in the Package deal, it has been decided that even unauthorised occupants of unallotted evacuee lands who are in continuous possession of lands since Kharif 1960 may be allowed to purchase the land in their occupation upto 5 standard Acres at the prescribed rates. The bogus allottees cannot, therefore, be given a different treatment and it has been decided that such allottees may be allowed to purchase the allotted area upto 5 Standard Acres at the rates prescribed for sale of excess area to the land allottees, circulated vide this Department Memorandum No. 162(2) RII/23364/Reh(R) dated 22nd July, 1961, provided the cancelled area has not already been utilised by some other manner, is available for sale and the bogus allottees are in possession thereof. Application for the purchase of area from such allottees may be entertained within one month from the date of issue of these instructions and this rule will also apply to cases of this nature detected in future. These instructions may please be brought to the notice herewith."
(2.) In pursuance of these instructions a letter was issued by the Assistant Registrar-cum-Managing Officer Rehabilitation Department, to the Tehsildar on 28th May, 1963 Annexure 'B' wherein the procedure for the compliance of these instructions was stated and the same is as follows :- "It has been decided to sell the cancelled areas to the extent of 5 S. As. to the allottees of village Seewan of your tehsil as narrated in the enclosed list. Before sale is actually made, it is necessary to verify whether the cancelled areas are still in possession of the allottees or these have been retrieved and disposed of by allotment or sale. You are, therefore, requested to please verify and intimate whether the area cancelled from these persons are still available for sale to the extent shown in column No. 4 of the list and if so, necessary steps to assess rent at 8 times the land revenue for whole of the cancelled area (including the area to be sold) be taken. The allottees should be asked to deposit the same before 10th June, 1963. They may also be directed to deposit the sale price of the lands by 20th June, 1963, and for that purpose they should attend this office and obtain necessary treasury challans. In case, they failed to deposit the rent and sale price by the due dates, sale offer will be withdrawn. You are also requested to please ensure that the area in excess of the saleable area should immediately be retrieved from the allottees, whose allotments exceed 5 S.A. Steps to cancel the house site allotment of each person should also be taken and rent for these properties may be taken soon. The question of transfer of these properties may be decided by you according to the latest instructions of the department. The applicants may immediately be called to the Tehsil Office and conveyed the above orders. Their statements should be recorded and placed on the file, which should be sent to this office alongwith your report. In their statements, they should be asked to state whether they owned any land other than area allotted and if so, the saleable area be reduced to that extent. Sarv. Dhirta Singh and Kartar Singh, representatives of these persons have appeared today and directed to appear before you on 1.6.63."
(3.) Still later a letter was issued by the Under Secretary to Government, Haryana, Rehabilitation Department to the Settlement Officer (Sales) Karnal on 15th December, 1966, Annexure 'C' wherein it was stated that the persons named in that letter including the name of the petitioner at No. 8 be allowed to purchase the land in their cultivating possession upto a limit of 5 Standard Acres at the current market price which may be assessed by the said authority.;