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1958 Supreme(Raj) 217

MODI, BAPNA
Sunderdas Bhasin – Appellant
Versus
Regional Settlement Commissioner, Jaipur – Respondent


Advocates Appeared:
H.G. Thanvi, for Petitioner; R.A. Gupta, Dy. Government Advocate

Modi, J.—This is an application for writ by Sunderdas Bhasin under Art. 226 of the Constitution, challenging the orders of the Assistant Settlement Officer, Jaipur, dated 28th January 1957, and of the Regional Settlement Commissioner dated 21st February, 1957, by which they refused to grant him compensation for certain rural properties left by him in Pakistan, while migrating to India, on the ground that he was an allottee of agricultural land within the meaning of Rule 65 of the Displaced Persons Compensation and Rehabilitation) Rules, 1955 (hereinafter called the Displaced Persons Compensation Rules) made under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Act No. XLIV of 1954) (hereinafter called the Displaced Persons Compensation Act).

2. The material facts are these. Prior to his fettling down in India, the petitioner was admitted a resident of village Chak Ramdas, Tehsil Bhulwal, District Sargodha, in what is now called the West Pakistan. It is also admitted that the petitioner owned and possessed,

(1) one residential house, and

(2) a shop-cum-residential building.

In the said village in addition to certain agricultural land. The petitioner filed his claim be



























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