JUDGMENT :

Jaswant Singh, J.

The litigation culminating in the present appeal (by certificate under Article 133 (1) (b) of the Constitution) which is directed against the judgment and order dated September 25, 1967,of the Punjab and Haryana High Court in C.W. Note 1630 of 1962 setting aside the allotment dated May 23, 1960 made by Naib Tehsildar-cum-Managing Officer, Fatehabad, District Hissar in favour of Madan Mohan and others, and orders dated April 18, 1962 and July 21, 1962 of the Assistant Settlement Commissioner and Chief Settlement Commissioner respectively on the finding that "no part of holding which formed part of the land allotted to respondent No. 14, Mehta Lal Chand, (hereinafter referred to as 'the respondent') could, during the subsistence of such allotment and without its cancellation, be allotted to any one else" has had a very chequered career extending over well nigh two decades. It appears that the respondent who is a displaced person from Pakistan was found entitled to an allotment of 113 standard acres and 3 units of land in lieu of 120 acres of land held by him as owner in Bhawalpur (Pakistan). Against the aforesaid entitlement the respondent was allotted 90 standard acres and 6 units of evacuee land between 1953 and 1958 in different villages of Tehsil Fatehabad, District Hissar including two areas measuring (1) 13 standard acres and 3½ units and (2) 13 standard acres and 13½ units in village Bahmniwala, allottment of which was made on March 1, 1957 and October 10, 1958 respectively. Pursuant to the above allotment of 13 standard acres and 3½ units made in his favour in village Bahmniwala vide Sanad dated March 6, 1957 (Annexure 'C' to the writ petition) the respondent was given possession of the plots of land comprised in khasra Nos. 1411 min, 1412 min, 1472 min, 1241 min, 1242, 1243, 1244, 1245, 1246, 1247, 1621, 1622 to 1635 (14 khasras) 1642, 1644, 1645 on June 17, 1957. The respondent continued to remain in possession of the aforesaid plots of land till Rabi 1960 when consolidation of holdings were undertaken in village Bahmniwala. Without caring to look into the revenue record the Consolidation Officer instead of showing the aforesaid allotted area in Bahmniwala in the name of the respondent included the same in the kurrah (area) of the Custodian. On coming to know about this irregularity the respondent filed objections before the Consolidation Officer and requested him to rectify the mistake. The Consolidation Officer by his order dated March 23, 1960 consigned the objection petition of the respondent to the record room observing that 'in the absence of the relevant record which, as per the report of the Wasal Baqi Niwas, has been despatched to Jullundur for checking purposes the factum of allotment cannot be varified and as it is necessary to take proceedings under Section 21 (2) of the Consolidation of Holdings Act in village Bahmniwala in this very month the record cannot be awaited any further'. The Consolidation Officer further observed that since it appeared from a perusal of the copy of the Sanad (allotment) that the entire 'kurrah' consisted of almost evacuee land bearing khasra numbers mentioned in the Sanad of allotment the respondent could, on the receipt of the record, get the area at the place where, according to him the evacuee land mentioned by him in his application was situate. By his order dated May 23, 1960 the Naib Tehsildar-cum-Managing Officer, Fatehabad, however, made the following allotments out of an area of 58 standard acres and 7 units situate in Bahminwala which included the khasra numbers already allotted to the respondent but which according to the 'Fard Fazla' (statement of surplus area) prepared by the concerned Patwari appeared to be available for allotment :-

In favour of Bagga Singh, s/o Pokhar Singh : 51/2 units

In favour of Inder Singh, s/o Mit Singh : 7 standard acres ½ unit

In favour of Madan Mohan Singh, s/o Puran Singh.}

In favour of Odin Singh and Hardum