- (1.) THIS is a letters patent appeal under Clause X of the Letters Patent, against the judgment of learned Single Judge in C. W. P. 8031 of 1976, decided on 12th October, 1983.
(2.) BRIEFLY the facts giving rise to this appeal are that the appellant (writ-petitioner) sought the transfer of urban evacuee agricultural land, bearing Khasra, Nos. 535 Min, 1497 to 1500/1192/536 situated in Mehal Beghat and Khasra Nos. 944/761 and 635 Min situated in Taraf Shekhewal, Tehsil and District Ludhiana, under Rule 34-D of the Displaced Persons (Compensation and Rehablitation) Rules 1985 (hereinafter referred to as the Rules), on the ground that he was a sub-lessee over the land. For this purpose the appellant had made three separate applications in 1969. The Settlement Officer (Urban Lands) decided all these applications in favour of the appellant (writ petitioner), vide orders dated 11th August, 1969, 6th September, 1969 and 10th September, 1969. However, during the scrutiny of these decided cases it transpired that the land had been wrongly transferred in favour of the appellant. A reference was consequently made to the Chief Settlement Commissioner for setting aside the above said three orders of the Settlement Officer as also the order dated 11th September, 1969 of the Regional Settlement Commissioner, Jullundur, relating to the assessment of the value of the land for the purpose of transfer in favour of the appellant. The Chief Settlement Commissioner, Shri J. S. Quami, vide his order dated 11th October, 1973 (Annexure P-1), accepted the reference and set aside the transfer of the land in favour of the appellant (writ petitioner ). Against the order of the Chief Settlement Commissioner, dated 11th October, 1971 the appellant (writ-petitioner) filed a petition under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as the Act) before the Financial Commissioner, Revenue, (exercising the powers of the Central Government under Section 33 of the Act ). This petition was filed on 6th January, 1975 and the same was dismissed on 20th July, 1976 (Annexure P-2), holding that the petition was badly belated and there was no explanation in the petition for the inordinate delay in filing the same and no case had been made out for exercising the extraodrinary and residuary powers of the Central Government under Section 33 of the Act. The appellant then challenged the above said orders by way of writ petition which as mentioned above, was dismissed by a learned Single Judge on 12th October, 1983.
(3.) THE learned Single Judge noticed the fact that the appellant (writ petitioner) could be transferred the land only if he bad been in occupation of the same as a sub-lessee since 1st January, 1956. It was further noticed by the learned Single Judge that the Chief Settlement Commissioner found as a fact that the appellant was not a sub-lessee over the land sought to be transferred since 1st January, 1956.;