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1997 Supreme(P&H) 306

T.H.B.CHALAPATHI
Puran – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. K.S. Keer, Advocate.

JUDGMENT

T.H.B. Chalapathi, J. (Oral) - The petitioner, who was a landless poor, was allotted the land under Government instructions issued vide Memorandum No. 7841-JN(M)-61/2699 dated 28th August, 1961. The property in dispute is situated in village Mahadipur which was inhabited by the Muslim community. During the communal disturbances, the villagers left the village and migrated to Pakistan. Thus all the properties including the Shamlat became the evacuee property and vested in the Central Government by virtue of the provisions of Administration of Evacuee Property Act, 1950. Thereafter those lands in the village which were not disposed of by the Central Government, were transferred to the Punjab Government. The Punjab Government transferred those lands to landless poor including the petitioners under the instructions of the Punjab Government referred to above. The lands which were allotted to the petitioners, were Shamlat Deh lands. Therefore the Gram Panchayat laid a claim to the said lands on the ground that the Shamlat lands will vest in the Gram Panchayat and the same cannot be transferred to any other person. The Gram Panchayat placed reliance on the provisions of Punjab Vil



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