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2010 Supreme(P&H) 2796

MUKUL MUDGAL, JASBIR SINGH, HEMANT GUPTA
Jarnail Singh And Others – Appellant
Versus
State Of Punjab – Respondent


Judgment

Hemant Gupta, J.

1. The present writ petitions have been placed before this Bench on a reference made by the learned Single Judge of this Court wherein challenge has been made to Clause 6(V) of the policy dated 26.09.1994 restricting the allotment of one plot to the oustees who have a joint holding. As the learned Single Judge found that judgment of the Division Bench in Smt. Ramo Bai and others v. State of Haryana and others, (2007-4)148 PLR 295 acknowledged some apparence distinction between the policies as applicable in the States of Punjab and Haryana.

2. Since the issue is legal, factual matrix in respect of land holding of each writ petitioner and consequent eligibility for allotment of a plot as an oustee need not be mentioned in detail. Suffice it to state that the writ petitioners are reflected as co-owners in a joint Khata in the revenue record whereas in terms of the policy dated 26.09.1994, all such joint owners are entitled to a plot of land not exceeding 500 sq. yards as a rehabilitation measure. The grievance of the petitioner is that all the co-owners have an independent right to own and possess the land falling to the share of each of them, therefore, in te





























































































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