IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-7117-1995 (O&M)

Date of decision :27.02.2025 BUDH RAM AND OTHERS …Petitioners Versus THE FINANCIAL COMMISSIONER (APPEALS), PUNJAB AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Vikas Singh, Advocate for the petitioners.

Mr. Nirmaljit Singh Diwana, Sr. D.A.G., Punjab.

Mr. G.S. Punia, Sr. Advocate assisted by Ms. Manleen Kaur, Advocate for respondents No.4(i), 4(iii), 4(v), 5 and 6.

HARSH BUNGER, J.

Prayer in the present writ petition filed under Articles 226/227 of the Constitution of India, is, inter alia, for issuance of a writ in the nature of certiorari for setting aside the order dated 19.01.1990 (Annexure P-13) passed by the learned Chief Settlement Commissioner, Patiala and order dated 16.03.1994 (Annexure P-14) passed by the learned Financial Commissioner (Appeals), Punjab.

2. Briefly, the case set up by the petitioners is that petitioner No.1-Budh Ram came to India from Bhawalpur State (now forming part of Pakistan) upon partition of our country in the year 1947 and accordingly, the arrangements were made for obtaining the revenue records in respect of the land left by persons migrating from Bhawalpur State. It is stated that the non-punjabi/non-claimants were to be settled in seventeen villages of Rajpura Tehsil and two villages of Sub Tehsil Samana at District Patiala and as per the then policy decision of the Government, agricultural lands were allotted to non-punjabi/non-claimants on “temporary basis”. It is claimed that petitioner No.1-Budh Ram was allotted three shares out of twenty four shares of agricultural land and possession was also delivered of the old khasra numbers.

2.1 According to the petitioners, the Government of India, vide its letter dated 13.01.1957 (Annexure P-2), issued directions to the learned Chief Settlement Commissioner, New Delhi for the transfer of acquired evacuee agricultural land to non-punjabi/non-claimant allottees. It is further stated that vide letter dated 22.07.1960 (Annexure P-3), the Punjab Government (Department of Rehabilitation) issued instructions that non-punjabi/non-claimant settled in 17 villages of Rajpura Tehsil, will be allowed to purchase evacuee agricultural land in their occupation under Rule 63 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (for short `the 1955 Rules’).

2.2 It is stated that the Deputy Secretary to the Government of Punjab, Rehabilitation Department, issued letter dated 21.02.1964 (Annexure P-4)to the Tehsildar, Rajpura stating that in accordance with the instructions of Government of India, the Pepsu Development Board, Rajpura had allotted the evacuee lands on temporary basis, to non-claimants in 21 villages of Tehsil Rajpura and two villages of Sub Tehsil Samana and the said lands were now to be sold to the occupants under Rule 63 of the

1954 Rules, in accordance with the instructions dated 13.01.1957.

2.3 According to the petitioners, the price of the land allotted and transferred to petitioner No.1-Budh Ram, amounting to Rs.875.93/-

(including principal and penal interest), as fixed by the department, was duly deposited on 30.11.1970, as per the directions of the Managing Officer, issued vide letter dated 19.11.1970.

2.4 It appears that on 08.12.1970, a conveyance deed (Annexure P-6) was executed in favour of petitioner No.1-Budh Ram, in respect of land measuring 18 bighas-10 biswas comprised in khasra No.515(1-0), 823 min(1-7), 829(2-11), 830(6-5), 1035/856(3-1), 984/861(8-4) situated in Village Dhakansu Kalan, Tehsil Rajpura.

2.5 The afore-said conveyance deed is stated to have been registered on 17.12.1970 and mutation No.2014 was also recorded on

26.05.1971 (Annexure P-8).

2.6 It is stated that petitioner No.1-Budh Ram sold a part of the afore-said land in favour of Man Singh (petitioner No.10) vide sale deed No.2575 dated 01.03.1971 and mutation No.2019 was sanctioned in that regard. Similarly, Budh Ram (petitioner No.1) sold another part o