S. R. DASS, N. RAJAGOPALA AYYANGAR, J. R. MUDHOLKAR, B. P. SINHA, A. K. SARKAR
Shivdev Singh – Appellant
Versus
State Of Punjab – Respondent
Judgement
MUDHOLKAR, J. : This is an appeal special leave from the decision of the Punjab High Court dismissing an appeal under the Letters Patent against the judgment of Gosain J. in a writ petition.
2. The facts leading up to the appeal are briefly as follows :
Certain agricultural lands in the village of Bhaini Bangar in the district of Gurdaspur were allotted to a number of displaced persons, including the appellants, in the beginning of the year 1950 on a quasi- permanent basis. This allotment was made under the Administration of Evacuee Property Act, 1950 and rules made thereunder. In the month of July of that year the Director of Rehabilitation(Rural), Jullunder, declared the village to be a fauji" village and stated that the land therein will have to be reallotted. This is what appears from his order dated July 10,1950 (Ex. C), though, according to the statement of facts in the High Court, the Director of Rehabilitation had actually passed an order canceling the allotment already made in favour of "non- fauji" families.
3. It is an admitted fact that the appellants fall under the category of non-faujis . On October 9,1951 Mr. Vikram Singh Director of Relief and Rehabilitation
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