Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioner aggrieved against the order dated 27.2.1997 passed by the Divisional Commissioner, Bikaner, whereby the petition filed by respondent - Haru @ Hari Ram under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 ('the Act') has been accepted and the order dated 5.9.1994 passed by the Chief Settlement Commissioner, Sriganganagar has been set-aside.
(2.) The dispute pertains to the land allotted under the provisions of the Act to one Bhikha Ram as non-claimant. The land in question ad measuring 22 Bigha stood in the name of said Bhikha Ram in the revenue records as is evident from Annexure-2. After death of Bhikha Ram on 16.2.1988, respondent-Hari Ram moved an application before the District Rehabilitation Officer seeking recording of his name qua his share for the property as legal heir of Bhikha Ram. The District Rehabilitation Officer, Sriganganagar by his order dated 19.8.1993, came to the conclusion that as deceased Bhikha Ram had two wifes both named Tulsi, on death of Bhikha Ram, the property would devolve on legal heirs of two wives in equal shares i.e. on petitioners on one part and on Hari Ram on other part in equal share.
(3.) Feeling aggrieved, the petitioners filed appeal before the Additional District Collector (Admn.) and Settlement Commissioner, Sriganganagar. The Settlement Commissioner by order dated 7.6.1994, set aside the order passed by the Rehabilitation Officer and held that as the land stood in the name of Bhikha Ram, under Section 8 of the Hindu Succession Act, 1956 ('the H.S. Act'), all his legal representatives i.e. wife, sons and daughter would have equal share and ordered accordingly.;