- (1.) Surjit Kaur petitioner is the widow of Naik Charan Singh who died on 16.11.1962 while fighting Indo China War. Smt. Darshana alias Darshan Kaur petitioner No.2 is the daughter of Sepoy Hardeep Singh who died on 18 11.1962 in the same war. The petitioners were found eligible for the allotment of 80 Kanals of land each in lieu of army service rendered by Naik Charan Singh and Sepoy Hardeep Singh respectively. Originally, they were allotted land in village Panjgranwala, Tehsil Ajnala, District Amritsar in the year 1971 but the said allotment was set aside by the SDO (Sales) vide his order dated 19.1.1993. The petitioners found that allotable land was available in village Chapper Chiri Kalan, Tehsil Kharar, District Ropar. They applied for the transfer of their case in district Ropar. Accordingly, the case was received by transfer by the Deputy Commissioner, Ropar, vide Government letter dated 12.12.1992. The Joint Secretary, Revenue and Rehabilitation vide his letter dated 10.9.1993 asked the Deputy Commissioner, Ropar to decide the allotment case of the petitioners in accordance with the provisions of the Punjab Package Deal Properties (Disposal) Act, 1976 (in short Package Deal Act). After determining the eligibility of the petitioners, the Tehsildar (Sales)-cum-Managing Officer, Kharar (respondent No.3) examined the case of the petitioners and passed order dated 8.10.1993 allotting 10 acres of land each to the petitioners (Annexure P-1). In pursuance thereof, the petitioners deposited the necessary amount
(2.) During the pendency of the proceedings before respondent No.3, the Gram Panchayat of village Chapper Chiri Kalan (respondent No.4) filed a petition before the District Development & Panchayat Office, Ropar (respondent No.1) on 6.10.1993. Respondent No.1 restrained respondent No.3 vide order dated 6.10.1993 from allotting the land to the petitioners In spite of that, respondent No.3 allotted the land to the petitioners on the plea that the land under reference was an evacuee property and respondent No.1 had nothing to do with it. The said case was decided by respondent No.1 vide order dated 16.11.1993 (Annexure P-5) and declared the land under reference to be Shamlat land which vested in respondent No.4. The Tehsildar (Sales), Kharar, (respondent No.3) vide passed the order dated 22.11.1993 cancelled the allotment.
(3.) Hence the present writ petition was filed by the petitioners challenging the legality and validity of order dated 16.11.1993 (Annexure P-5) passed by respondent No.1 by which respondent No.4 was declared to be the owner of the suit property, Annexure P-8, which is a letter sent by the Block Development & Panchayat Officer to the S.D.O. (Civil), Kharar on 16.11.1993 and the order passed by the Tehsildar (Sales)-cum-Managing Officer, Kharar on 22.11.1993 (Annexure P 9) holding that the whole area of village Chapper Chiri Kalan is used for common purposes of the villagers by the Gram Panchayat and, therefore, no land was worth allotment.;