LPA No.1311 of 2019 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

L.P.A. No.1311 of 2019 in

Civil Writ Petition No.9236 of 2019

Date of decision: July 22, 2019

Resham Singh

...Appellant

Versus

The Financial Commissioner, Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE RAJIV SHARMA,

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr.Vishal Sharma, Advocate

for the appellant.

***

HARINDER SINGH SIDHU, J.

For the reasons stated in CM No.2862-LPA of 2019, the delay

of 62 days in filing the appeal is condoned.

This Letters Patent Appeal has been filed against the judgment

dated 05.04.2019 in CWP No.9236 of 2019 titled 'Resham Singh vs. The

Financial Commissioner, Punjab and others' whereby the writ petition filed

by the appellant was dismissed.

The appellant had filed the writ petition for quashing the

order dated 03.03.2017 passed by Chief Sales Commissioner-cum-Deputy

Commissioner, SBS Nagar whereby the allotment of land in favour of

father of the appellant Darshan Singh under the Punjab Package Deal

Properties (Disposal) Act, 1976 (for short “the Act”) was cancelled. He

had also impugned the order dated 18.05.2018 passed by the

LPA No.1311 of 2019 [2]

Commissioner, Roopnagar Division, Roopnagar upholding the order of the

Chief Sales Commissioner-cum-Deputy Commissioner and the order dated

05.12.2018 passed by the Financial Commissioner, Punjab whereby the

revision petition filed by him had also been dismissed.

Darshan Singh, the father of the appellant was allotted land

measuring 31 K 11 M of inferior evacuee land in Khewat No.133, Khatoni

No.344, Khasra No.30/30 Min.No.(7-11), 10(8-0), 11(8-0), 22(8-0) situated

at village Cheta/Kaggroor, Tehsil and District Nawanshahar, Punjab, vide

sale certificate transfer dated 13.05.2003. A petition under Section 10 of

the Act was preferred by respondents No.4 and 5 seeking cancellation of

the allotment. It was stated by them that an agreement to sell dated

03.03.1993 had been entered into between father of the appellant (Darshan

Singh) and Dalvir Singh- respondent No.4 for selling 01 K 10 Marlas of

land for which he had received the total sale consideration of Rs.10,000/-.

The sale deed was to be executed as and when the land was transferred in

the name of Darshan Singh by the Government. Another agreement to sell

dated 10.10.1999 had been entered into by Darshan Singh with Baldev

Singh – respondent No.5 for 04 Kanals of land for Rs.1,80,000/-.

Possession of the land was delivered to him. Sale deed was to be executed

in his favour when the land was transferred in the name of Darshan Singh

by the Government. It was alleged that though the land measuring 31

Kanal 11 Marlas had been allotted to Darshan Singh on 13.05.2003 and

conveyance deed had been executed in his favour he did not get the sale-

deed executed in their favour as per the agreements to sell. Instead

LPA No.1311 of 2019 [3]

Darshan Singh was threatening to get the land vacated. It was prayed that

the allotment in favour of Darshan Singh be cancelled and the conveyance

deed of land measuring 1 Kanal 10 Marlas and land measuring 4 Kanals be

executed in their favour.

The Deputy Commissioner-cum-Chief Sales Commissioner

referred to the conditions of the sale certificate dated 13.05.2003 as per

which the allottee will not alienate land for twenty years to any person by

way of lease, sale, mortgage with possession. He noted that Darshan Singh

had entered into written agreements to sell dated 03.03.1993 and

10.10.1999 for land measuring 1 kanal 10 marla and 04 kanals in favour of

respondents No.4 and 5 and had handed over possession to them. The

possession of respondents No.4 and 5 had been held proved by the report

dated 21.05.2015 of the Tehsildar-cum-AC First Grade Banga as per which

respondents No.4 and 5 were in possession of the land. From this the Ld.

Deputy Commissioner-cum