Shamsher Bahadur, J. - (1.) GOBIND Ram and his brother Lekh Ram owned agricultural land of first grade in Pakistan. On migration to India after the partition they were granted temporary allotment of land in village Godika in Sirsa tehsil of Hissar district. In course of time they were allotted the same evacuee agricultural land on quasi -permanent basis. It seems that an area of 2.1(3/4) standard acres and 4.12(3/4) standard acres were still due to be allotted to Gobind Ram and Lekh Ram respectively. The first three Petitioners, Balu Ram, Nanak and Badri as the sons of Gobind Ram and Petitioners 4 to 5, Banwari and Manni Ram sons of Lekh Ram claimed allotment of these areas in village Godika where they were holding land on quasi -permanent basis. The competing claimants are Respondents 3 to 6 whose claims were accepted in preference to those of the Petitioners.
(2.) ON behalf of the Petitioners it is contended by Mr. Wasu that as sitting allottees they had a prior claim for allotment over Respondents 3 to 6. Though the Managing Officer found that the Petitioners were not sitting allottees this finding has been reversed by the appellate and revisional authorities and there is now no dispute that the Petitioners have been allotted agricultural land on quasi -permanent basis in village Godika. The ground on which the claim of the Petitioners has been rejected is that land in Godika village is classed as 'C' Grade whereas -the predecessors in -interest of the Petitioners held land of 'A' grade in Pakistan. The Petitioners are willing to be accommodated in a land which is of an inferior grade. The relevant rules on the subject are contained in the Land Resettlement Manual by Tarlok Singh, which has been treated as a book of authority. In paragraph 9 at page 84 of the Manual it is stated that "the cardinal principle in the allocation of a village, * * * is that a person holding a temporary allotment in a village within his area of allocation is entitled to receive his allotment in that village if: * * ". In paragraph 17 at page 88, the matter of the different grades of land in the context of allotment is discussed. It is mentioned that a person is described as holding land markedly superior to his own grade if the village in which he held temporary allotment was more than one grade above the grade of the assessment circle in which he bad abandoned land in Pakistan, and conversely he would be described as holding land markedly inferior if the village of temporary allotment was more than one grade below the grade of the assessment circle in which he had abandoned land. Thus, a grade I claimant in a grade III village would be said to be holding a markedly inferior land as in the present instance. It is stated that if a person chose to remain in a markedly inferior village he could do so, though such an option is not available to a person who desires to be settled in a markedly superior village. The claim of the Petitioner cannot, therefore, be thrown out on the ground that he was holding land markedly superior in West Pakistan to the one to which he seeks allotment here.
(3.) This being the only ground on which the Petitioners' claim has been turned down, the order of the authorities concerned is insupportable in law. There can be no question that the Petitioner has suffered a manifest injustice as a result of an order which is not in accordance with the provisions of the Land Resettlement Manual. As stated by their Lordships of the Supreme Court in Dunichand Hakim v. Deputy Commissioner : A.I.R. 1954 S.C. 150 the Land Resettlement Manual by Tarlok Singh bears a stamp of authority and the administrative instructions and rules laid down therein form an essential basis for rehabilitation of displaced persons. This petition, therefore, will be allowed and a direction issued to the authorities concerned to proceed with the allotment of the remaining area which is due to the Petitioners in accordance with provisions of the Land Resettlement Manual. As there is no representation on behalf of the Respondents, there would be no order as to costs.;