JAISA RAM Vs. FINANCIAL COMMISSIONER
LAWS(P&H)-2014-7-418
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 21,2014

Jaisa Ram Appellant
VERSUS
The Financial Commissioner (Revenue) Respondents

JUDGEMENT

Paramjeet Singh, J. - (1.) CM No. 7692 of 2014.
(2.) ALLOWED , as prayed for. Annexures P -15 to P -24 are taken on record. CWP No. 4758 of 2014 Instant civil writ petition has been filed under Articles 226 and 227 of the Constitution of India for quashing the order dated 04.03.2011 (Annexure P -3) passed by respondent no. 2 and order dated 03.12.2013 (Annexure P -9) passed by respondent no. 1 and for allowing petition dated 04.06.2009 (Annexure P -4) filed under Section 24 read with Section 25(2) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (in short '1954 Act') whereby prayer for allotment of deficient land as per entitlement of the petitioner has been made.
(3.) BRIEF facts relevant for disposal of the present petition are to the effect that Sh. Chattu Ram, father of the petitioner, was a resident of Bhawalpur State which is now a part of Pakistan. After partition, father of petitioner had settled in Punjab and as per govt. policy, non -resident Punjabis, who had migrated from Pakistan at the time of partition of the country, were not entitled to allotment of land. Only the residents of erstwhile Punjab were entitled to the allotment. However, if some land remained to be un -utilized, then their claim was to be considered subject to reference made by the Central Government. In pursuance of the said policy, application was moved by the petitioner for allotment of land vide case No. MO/HQ/Reh. dated 02.08.1998 before respondent no. 3. The said claim was considered and rejected by the Additional Director Consolidation of Holdings, Punjab -cum -Managing Officer (HQ), Department of Rehabilitation, Punjab, Chandigarh vide order dated 10.09.2001 and following order was passed: xxxx Today Sh. G.S. Nagra, counsel for the applicant is present. The case file has been perused. Learned counsel for the applicant has admitted that claimant is a non -Punjabi claimant and his name has never been included in the lists of non -Punjabi claimants sent by Central govt. from time to time for allotting the land in Punjab. The photocopy produced by applicant relates to order dated 07.02.1959 by Additional Commissioner, Jaisalmer House, New Delhi in which entitlement of Chattu Ram was determined. This order/communication has not been endorsement/addressed to Punjab Govt. So being a non -Punjabi claimant, no relief can be given on the present application. In the cases of non -Punjabi claimants land can be allotted in those cases which are specifically sent by Central Govt. for providing land. The applicant's father's case has never been sent to Punjab Govt., Central govt. So the present application is not maintainable. Hence, it is dismissed.;


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