IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-8999-1999 (O/M)

Date of decision : 28.10.2025 Amar Chand ...... Petitioner Versus State of Punjab and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Ms. Amarpreet Kaur Sandhu, Advocate for the petitioner.

Mr. Nirmaljit Singh Diwana, Senior DAG Punjab.

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HARSH BUNGER, J.

1. Prayer in the instant civil writ petition filed under Articles 226/227 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for setting aside the order dated 26.05.1999 (Annexure P-7), passed by learned Commissioner, Jalandhar Division, Jalandhar (in short 'Divisional Commissioner), with a further prayer for directing respondents to make good the loss of land, suffered by the petitioner.

2. Briefly, the petitioner submitted an application on 15.2.1991 before the Tehsildar (Sales), Hoshiarpur, seeking transfer of plot No. 76, measuring 1 Kanal, 10 Marla and 27 Sarsai, situated in Model Town, Hoshiarpur, on the plea that he was in continued possession of said plot since 1968, being a refugee.

2.1 It transpires that Tehsildar (Sales), Hoshiarpur, vide order dated 28.10.1993 (Annexure P-1), observed that there was no dispute regarding the property and, therefore, there is no hurdle in transferring the plot on the basis of possession to the petitioner as he was belonging to scheduled caste category, accordingly, he assessed the value of the plot at Rs. 2,26,000/- (after giving 50% rebate) and also assessed damages to the tune of Rs. 9,360/- from 01.01.1968 to 31.10.1993. He further directed the petitioner to deposit an amount of Rs. 19,000/- as earnest money in the Government treasury.

2.2 It appears that one criminal complaint under Section 145 Cr.P.C. was instituted against the petitioner (Amar Chand) by one Ishwari Devi, who claimed possession of the aforesaid plot.

2.3 In the meanwhile, the petitioner is stated to have submitted an application on 25.10.1996 (Annexure P-2) before Tehsildar (Sales), Hoshiarpur, informing that he (petitioner) has complied with order dated 28.10.1993 (Annexure P-1) by depositing the earnest money of Rs. 19,000/- and also damages of Rs. 9,360/- in the Government treasury on 29.10.1993. Petitioner prayed that he should be permitted to deposit the balance amount and that the plot be transferred in his name.

2.4 It is averred that since there was no response upon application dated 25.10.1996 (Annexure P-2), the petitioner submitted representations dated 17.12.1996 (Annexure P-3) and 03.02.1997 (Annexure P-4) before Tehsildar (Sales), Hoshiarpur, however, of no avail.

2.5 Apparently, learned Deputy Commissioner, Hoshiarpur (in short 'Deputy Commissioner'), vide order dated 24.08.1998 (Annexure P-6), rejected the claim of the petitioner for transfer of plot in question and further cancelled the order dated 28.10.1993 (Annexue P-1), passed by Tehsildar (Sales), Hoshiarpur.

2.6 Feeling dis-satisfied, the petitioner preferred an appeal before learned Divisional Commissioner, however, same was dismissed, vide order dated 26.05.1999 (Annexure P-7).

3. In the aforementioned circumstances, the petitioner has filed the instant civil writ petition before this Court for seeking relief(s), as noticed hereinabove.

4. Learned counsel for petitioner submits that the petitioner has been in possession of the aforesaid plot No. 76 since 1968 and same was rightly ordered to be transferred in favour of petitioner, vide order dated 28.10.1993 (Annexure P-1), however, learned Deputy Commissioner has wrongly rejected the claim of the petitioner, vide order dated 24.08.1998 (Annexure P-6), which is against the provisions of Sections 10 and 11 of East Punjab Refugees Rehabilitation (Buildings and Building Sites) Act, 1948 (in short '1948 Act'). It is submitted that the plot No. 76 alongwith plot of 5½ Marla, (wherein the petitioner resides since 1968), formed one plot, however, instead of allotting entire plot to the petitioner, the same wa