Surya Kant, J. - (1.) This Letters Patent Appeal is directed against the order dated 27.01.2015 whereby the learned Single Judge allowed the writ petition filed by respondents No. 1 to 4 and after setting aside the impugned order dated 22.11.1985, has further directed the State of Haryana to consider "their case for allotment of the land in question as per the Package Deal Properties Rules" which were prevalent at the relevant time. Consequently, the auction of the subject -land has been set aside and respondent No. 2 (since dead and represented by LRs - the appellants) has been permitted to seek the refund of the amount deposited by him being the highest bidder.
(2.) The facts may be briefly noticed. The evacuee properties left by the Muslims who migrated to Pakistan at the time of Partition, were managed by the Custodian. The erstwhile State of Punjab enacted the East Punjab Act No. 12 of 1948 to rehabilitate those displaced persons who migrated to India, leaving behind their agricultural land in Pakistan. The field was finally occupied by the Parliamentary legislation, namely, Displaced Persons (Compensation and Rehabilitation) Act, 1954. The entire evacuee property was taken over under the Act for settlement of displaced persons and the unsatisfied claimants from West Pakistan were allotted land under the Central Act.
(3.) After the settlement of such claims, there were unallotted rural evacuee properties which was purchased by the State Government from the Central Government under a 'Package Deal'. For the allotment and management of such land under the Package Deal, the State Government formulated the "Package Deal Properties Rules, 1962".;