- (1.) This writ petition has been filed by Balwant Singh, challenging the orders, copies Annexures P. 1 to P. 4, on the grounds : (a) that he is in possession of the land comprising in Khasra No. 2639, measuring 2 Kanals 6 marlas, situated in village Agwar Gujran, Tehsil and District Ludhiana, for the last 16/17 years and has raised construction over it and is residing in the same; (b) that in pursuance of the press-note of the Punjab Government he is entitled to get the said plot on reserved price on the basis of his possession; (c) that he had applied for the same and his application was marked by the Tehsildar (Sales), Ludhiana, to Kanungo (Sales), Jagraon, who got a report from the Patwari; (d) that in the meantime the land in question was allotted to the father of respondent Nos. 5 to 10, 12 and 13 and the permanent rights Sanad, copy Annexure P. 1, was issued on 16.8.1971 by the Tehsildar (Sales), Ludhiana; (e) that he filed an appeal against the said order which was heard by the Additional Settlement Officer (Sales)-cum-Assistant Settlement Commissioner with powers of Settlement Commissioner, Rehabilitation Department, Punjab, Jullundur, who vide order dated 8.12.1973, copy Annexure P. 2, referred the matter to the Chief Settlement Commissioner for setting aside the permanent rights with regard to 6 marlas of land allotted in excess to the entitlement of respondent Nos. 5 to 13 with the further direction that after the cancellation of the excess allotment, the Tehsildar (Sales), will be advised to decide the application of the applicant for the transfer of portion of Khasra No. 2639 on the basis of his possession; (f) that the Chief Settlement Commissioner accepted the reference and cancelled the allotment of 6 marlas of land out of the disputed plot and the rest was kept intact, and (g) that both the parties filed petitions under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, against the order of the Chief Settlement Commissioner, Punjab and the learned Financial Commissioner, Taxation, Punjab, kept intact the order of allotment of the plot in dispute in favour of Karam Singh, predecessor-in-interest of Jora Singh etc., but, dismissed Balwant Singh's petition.
(2.) Kabal Singh respondent filed his affidavit by way of return and pleaded that Balwant Singh petitioner, had tried to take forcible possession of the land in dispute on April, 1973, that he lodged First Information Report No. 5 dated 1.4.1973, in Police Station Jagraon, District Ludhiana, but as the petitioner is highly influential Akali, no action was taken against him, that faced with the situation, they filed a suit for possession in the Court of Sub-Judge, Jagraon on April 2, 1973, and also filed an application for injunction for restraining the petitioner from raising any construction on the plot in dispute, that interim injunction was granted and that ultimately the parties were directed to maintain status quo and the petitioner was restrained from raising any construction.
(3.) Kabal Singh respondent denied the possession of the petitioner over the site in dispute for the last 16/17 years. According to him, the petitioner had taken forcible possession of the land and had raised a temporary kotha but he does not reside there. He further pleaded that the plot in dispute had been rightly allotted to their father Karam Singh and that the petitioner had not produced any press-note on the basis of which he claimed his right over the said plot.;