- (1.) The petitioners seek a writ of mandamus with a somewhat strange prayer for directing respondent Nos.1 to 8 to correctly deliver possession to the rightful owners/their successors, once the Defence Estate Officer has decided to de-hire the land. Can a mandamus lie for delivery of possession, be it to rightful owners, thus, would be a question, which would attract attention at the very outset?
(2.) This question was accordingly posted to the counsel for the petitioners but did not receive any satisfactory answer. The cause for seeking a mandamus for possession arises in the background of the facts which are noticed in brief here.
(3.) 44 Kanals 16 marlas land situated within the revenue estate of Abohar, Tehsil Fazilka, District Ferozepur, was hired by the Ministry of Defence through Defence Estate Officer, Bhatinda. The land was hired from following persons: 1. Gurpartap Singh son of S.Narrain Singh 2. Smt. Balraj Kaur widow of Gur Gulab Singh 3. Smt. Gulraj Kaur d/o Gur Gulab Singh 4. Har Raj Singh son of Gur Gulab Singh (From 1 to 4 1/3rd share) 5. Raj Joginder Singh 6. Balbir Singh 7. Harbans Singhsons of S.Bishan Singh(From 5 to 7 1/3rd share) 8. S. Basant Singh s/o Sunder Singh 9. S. Bachittar Singh s/o S.Basant Singh 10.S.Amrik Paul Singh 11.S.Raminder Singh sons of S.Bachittar Singh (From 8 to 11 1/3rd share).;