IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1)

CWP-14705-2018 (O&M)

MANPREET SINGH AND OTHERS …Petitioners Versus STATE OF PUNJAB AND OTHERS …Respondents (2)

CWP-8342-1991 (O&M)

Date of decision :18.03.2025 MOHINDER KAUR AND OTHERS …Petitioners Versus STATE OF PUNJAB AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Kanwal Goyal, Advocate for the petitioners (in both cases).

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

HARSH BUNGER, J.

This order shall dispose of CWP-14705-2018 titled as Manpreet Singh and others vs State of Punjab and others as well as CWP-8342-1991 titled as Mohinder Kaur and others vs State of Punjab and others, as both the cases involve common questions of law and facts.

2. Prayer in CWP-8342-1991 titled as Mohinder Kaur and others vs State of Punjab and others, is for issuance of a writ in the nature of mandamus for directing the Assistant Registrar-cum-Managing Officer, Jalandhar (respondent No.4) for deciding the permanent rights of Jaswant Singh, a displaced person, under the Displaced Person (Compensation and Rehabilitation) Act, 1954 (in short `the 1954 Act’), in the light of the judgment dated 25.08.1976 passed in LPA No.504 of 1974 (Annexure P-2).

2.1 A further prayer has been made for issuance of a writ in the nature of certiorari for setting aside the order dated 07.05.1991 (Annexure P-6) passed by the Tehsildar (Sales-cum-Managing Officer), Malerkotla.

3. Prayer in CWP-14705-2018 titled as Manpreet Singh and others vs State of Punjab and others, is for issuance of a writ in the nature of certiorari for setting aside the order dated 13.02.2017 (Annexure P-1) passed by the Special Secretary (Revenue) Punjab, exercising the powers of Claims Commissioner, under the Punjab Package Deal Properties (Disposal) Amendment Act, 2009.

4. For the sake of convenience, the facts are being derived from CWP-14705-2018 titled as Manpreet Singh and others vs State of Punjab and others.

5. Briefly, one Sh. Jaswant Singh (predecessor-in-interest of the petitioners) claimed himself to be the owner of land in Village Mirzeka and Khola Mirzeka, Tehsil Minchandabad, West Pakistan and on account of the land left by Jaswant Singh in West Pakistan, he claimed allotment of land in the State of Punjab. It appears that Jaswant Singh was allotted 30.8 standard acres of land in five different villages in Tehsil Malerkotla, by considering him as a displaced person, as defined under Section 2(b) of the 1954 Act. Jaswant Singh was allotted 30.8 standard acres in five villages as under :-

5.1 Apparently, Jaswant Singh, claimed that the land in Village Mehmodabad, was allotted to him temporarily and on that basis, he possessed the said land. Subsequently, in the year 1960, Jaswant Singh applied for confirment of quasi-permanent allotment upon him.

5.2 It transpires that one Jangir Singh, submitted a complaint against Jaswant Singh inter-alia alleging that Jaswant Singh had not abandoned any land in Pakistan; whereupon, the then Managing Officer, Jalandhar, vide order dated 15.12.1965, cancelled the temporary allotment in favour of Jaswant Singh.

5.3 An appeal filed by Jaswant Singh, against the afore-said order was also dismissed on 04.09.1967 by the then Settlement Commissioner.

5.4 Both the afore-said orders dated 15.12.1965 and 04.09.1967, were challenged by Jaswant Singh, by way of filing of a petition before the Chief Settlement Commissioner, Punjab, which came to be decided vide order dated 16.01.1970 (Annexure P-5) whereby, orders dated 15.12.1965 and 04.09.1967 were set aside and the matter was remanded to the Managing Officer, Jalandhar to decide the case afresh with the following observations :-

“4. In view of these circumstances, the revision petition is accepted and the impugned order as well as order dated 15-12-1965, cancelling the allotment of the petitioner are set aside. The case is remanded for fresh decision to the Assistant Registrar, (L)-cum-Ma