Judgment

UNTWALIA, J. - This is an appeal by special leave. The appellants writ application challenging the order dated April 29, 1974 of the Chief Settlement Commissioner, Jullundur and order dated January 14, 1975 of the Financial Commissioner, Taxation, Punjab was dismissed by the High Court of Punjab & Haryana in limine on August 26, 1975. Hence this appeal.

2. The appellant applied for allotment of certain Urban Agricultural Land bearing various Khasra numbers, measuring 14 kanals 17 marlas. It appears that the land indisputably is a part of the evacuee agricultural land situated in Urban areas and acquired under S. 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 - hereinafter called the Act. Chapter V-A of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (for brevity, the Rules), is applicable to such lands. The appellant approached the authority for transfer of the land to him in accordance with Rs. 34-C of the Rules. It is not quite clear whether he claimed to be a lessee under the main provision of the said Rule or a sub-lessee within the meaning of the proviso appended thereto. But what is clear is that the case proceeded before th