Date of Decision:30.6.2014 Vs. Financial Commissioner Revenue, Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153348
CourtPunjab and Haryana High Court
Decided OnJun-30-2014
AppellantDate of Decision:30.6.2014
RespondentFinancial Commissioner Revenue, Punjab and Others
Excerpt:
lpa no.316 of 2014 1 in the high court of punjab and haryana at chandigarh lpa no.316 of 2014 (o&m) date of decision:30.6.2014 sukhwinder singh and others ….appellants versus financial commissioner revenue, punjab and others .....respondents coram: hon'ble mr.justice hemant gupta hon’ble mr.justice fateh deep singh present: mr.h.s.grewal, advocate for the appellants. ****** hemant gupta, j.(oral) the present letters patent appeal under clause x of the letters patent is directed against an order passed by learned single bench of this court on 05.12.2013 whereby the writ petition filed by the appellants challenging the cancellation of allotment of land to amar singh remained unsuccessful. amar singh was allotted two standard acres and 8½ units of land in village kot mohammad, district gurdaspur at the time of general allotment. subsequently, he was again allotted the land measuring 2 standard acres and 8½ units of land in village bana in district hoshiarpur. since the allotment was found to be duplicate, the allotment of land at village bana was cancelled on 17.03.1952. after the death of amar singh, the land was inherited by his wife narota. after narota’s death, the land was inherited by her daughters in equal shares. in 1970, both the daughters sold their respective shares of land allotted in village kot mohammad vide two separate registered sale deeds. the order of cancellation was communicated on 09.01.1978 by managing officer (annexure p-2).the said order was challenged by the predecessor-in-interest of the appellants before the settlement commissioner. the appeal was dismissed on 21.07.1982 (annexure p-3).the further revision diwakar gulati 2014.07.01 15:25 i attest to the accuracy and integrity of this document lpa no.316 of 2014 2 was dismissed by the commissioner, hoshiarpur on 28.11.1985 exercising the powers of the chief sales commissioner. the further revision was dismissed by the financial commissioner as a representative of the central government on 17.01.1989. the writ petition against the said orders has remained unsuccessful. the appellants rely upon settlement (annexure p-1) to claim estate of amar singh (deceased).annexure p-1 is a mutation sanctioned by the assistant collector ist grade, balachaur on 24.02.1981. the appellants are legal heirs of pritam singh, surjit singh, amrik singh, mohinder singh and joginder singh sons of karam singh. how karam singh is related to amar singh has not been disclosed except to assert that he is near nephew of amar singh. the assertion is vague and the appellants or their predecessor-in-interest cannot be said to be members of the family of amar singh. therefore, there could not be any settlement in respect of estate of amar singh with a total stranger i.e.family of karam singh. the same area of land was allotted to amar singh at village bana as was allotted to him in kot mohammad. the subsequent allotment was duplicate allotment. a finding of fact was recorded by the authorities under the act that such duplicate allotment has to be set aside and has been rightly set aside. we do not find any illegality in the order passed by the authorities under the act which may warrant interference in the present intra-court appeal. dismissed. (hemant gupta) judge june30 2014 (fateh deep singh) ‘d. gulati’ judge diwakar gulati 2014.07.01 15:25 i attest to the accuracy and integrity of this document
Judgment:

LPA No.316 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.316 of 2014 (O&M) Date of decision:30.6.2014 Sukhwinder Singh and others ….Appellants VERSUS Financial Commissioner Revenue, Punjab and others .....Respondents CORAM: HON'BLE Mr.JUSTICE HEMANT GUPTA HON’BLE Mr.JUSTICE FATEH DEEP SINGH Present: Mr.H.S.Grewal, Advocate for the appellants.

****** HEMANT GUPTA, J.(Oral) The present Letters Patent Appeal under Clause X of the Letters Patent is directed against an order passed by learned Single Bench of this Court on 05.12.2013 whereby the writ petition filed by the appellants challenging the cancellation of allotment of land to Amar Singh remained unsuccessful.

Amar Singh was allotted two standard acres and 8½ units of land in village Kot Mohammad, District Gurdaspur at the time of general allotment.

Subsequently, he was again allotted the land measuring 2 standard acres and 8½ units of land in village Bana in District Hoshiarpur.

Since the allotment was found to be duplicate, the allotment of land at village Bana was cancelled on 17.03.1952.

After the death of Amar Singh, the land was inherited by his wife Narota.

After Narota’s death, the land was inherited by her daughters in equal shares.

In 1970, both the daughters sold their respective shares of land allotted in village Kot Mohammad vide two separate registered sale deeds.

The order of cancellation was communicated on 09.01.1978 by Managing Officer (Annexure P-2).The said order was challenged by the predecessor-in-interest of the appellants before the Settlement Commissioner.

The appeal was dismissed on 21.07.1982 (Annexure P-3).The further revision Diwakar Gulati 2014.07.01 15:25 I attest to the accuracy and integrity of this document LPA No.316 of 2014 2 was dismissed by the Commissioner, Hoshiarpur on 28.11.1985 exercising the powers of the Chief Sales Commissioner.

The further revision was dismissed by the Financial Commissioner as a representative of the Central Government on 17.01.1989.

The writ petition against the said orders has remained unsuccessful.

The appellants rely upon settlement (Annexure P-1) to claim estate of Amar Singh (deceased).Annexure P-1 is a mutation sanctioned by the Assistant Collector Ist Grade, Balachaur on 24.02.1981.

The appellants are legal heirs of Pritam Singh, Surjit Singh, Amrik Singh, Mohinder Singh and Joginder Singh sons of Karam Singh.

How Karam Singh is related to Amar Singh has not been disclosed except to assert that he is near nephew of Amar Singh.

The assertion is vague and the appellants or their predecessor-in-interest cannot be said to be members of the family of Amar Singh.

Therefore, there could not be any settlement in respect of estate of Amar Singh with a total stranger i.e.family of Karam Singh.

The same area of land was allotted to Amar Singh at village Bana as was allotted to him in Kot Mohammad.

The subsequent allotment was duplicate allotment.

A finding of fact was recorded by the authorities under the Act that such duplicate allotment has to be set aside and has been rightly set aside.

We do not find any illegality in the order passed by the authorities under the Act which may warrant interference in the present intra-Court appeal.

Dismissed.

(HEMANT GUPTA) JUDGE JUNE30 2014 (FATEH DEEP SINGH) ‘D.

Gulati’ JUDGE Diwakar Gulati 2014.07.01 15:25 I attest to the accuracy and integrity of this document