The duty to make a true and faithful disclosure of all relevant facts when claiming relief under Articles 226/227 of the Constitution.

S.S.Nijjar, J.

1. The petitioner seeks the issue of a writ in the nature of Certiorari/Mandamus/Prohibition quashing the order Annexure P6 qua the petitioner dated 9.5.1971 passed by the Deputy Commissioner, Hoshiarpur relating to allotment of inferior land in Village Chak Sowana (File No. 39) cancelling the land earlier allotted to the petitioner, on the basis of the government instructions on the subject contained in Government Circular No. 2692-R-III-68/1952 dated 31.3.1968.

2. The Governor of Punjab issued an order for disposal of inferior evacuee land purchased by the Central Government, Ministry of Rehabilitation. In this policy, it was provided that after establishing a colony for Ex-serviceman, Colony for Graduates in Agriculture in an area of about 500 acres of land, 50% of the remaining land was to be allotted to Harijans of the Village and the rest to other landless person, including the members of Scheduled Castes, Backward Classes and Indian Christians of the village as well as Ex-Servicemen on terms and conditions contained in Memo No. 7841-JN(iv)-61/2699 Chandigarh dated 29.8.1961. The petitioner was a member of the Scheduled Castes of Village Bhikhowal Thana Hariana, Tehsil and District Hoshiarpur. On the recommendations of the Advisory Committee, he was allotted 127 kanals 11 Marias of inferior land in Village Chak Sowana, Tehsil and Distt. Hoshiarpur by order dated 27.12.1962. The possession of the land was delivered to the petitioner on 28.12 1962. In the first instance, the land was leased to the petitioner for a period of 30 years with an option to purchase the land after expiry of five years. Although the petitioner made an application for purchase of the land, it was not filed within the stipulated period. According to the petitioner, no decision had been taken on the aforesaid application. On 31.7.1968, the State of Punjab issued executive instructions through Circular No. 2692-B-III-68/1952. Following these instructions the previous allotments, including the allotment in the name of the petitioner has been cancelled by order dated 9.5.1971. The present writ petition has been filed challenging the aforesaid order on the ground that the same has been passed in breach of rules of natural justice. The writ petition has been filed on 20.12.1983.

3. Respondents No. 3 to 6 are the subsequent allottees of the land. According to these respondents, the possession of the land has already been delivered to them. They have been in cultivating possession of the land for many years. They have placed on record the revenue record of the relevant years to show that they have been in possession from Rabi 1972 to Kharif 1978. From the year, 1979, the petitioner got some of the land from the answering respondents for cultivation as sub-tenant. They have stated that the petitioner has no legal rights to claim the allotment of the land as the same had been made in excess of the powers conferred on the Officer who made the allotment. The allotment itself being void ab-initio, no legal right of the petitioner has been infringed. It is also stated that the allotment of inferior quality of the land was only a concession. Therefore, the petitioner cannot claim allotment as a matter of right.

4. The State of Punjab has also filed the reply. It has been stated that the impugned order was passed by the competent authority on 9.5.1971. The writ petition having been filed after 13 years is liable to be dismissed on the ground of delay and latches only. It is admitted that the allotment was made to the petitioner and, the possession was also delivered to him on 28.12.1962. However, the meeting in which the allotment was made to the petitioner was not attended by the Chairman (Deputy Commissioner) of the Tehsil Advisory Committee nor the allotment made was approved by the Chairman (Deputy Commissioner). In view of the instructions of the Government contained in the letter dated 29.8.1961, the orders of allotment passed by the Te