C.W.P. No. 5944 of 1985 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 5944 of 1985 (O&M) Date of decision: 6.4.2011 Bachittar Singh and others .. Petitioners v. The State of Haryana and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. S. S. Walia, Advocate for petitioners No. 1 and 7. Mr. D. D. Gupta, Additional Advocate General, Haryana. ... Rajesh Bindal J. Prayer in the present petition filed by six petitioners individually and a political sufferers union is for grant of proprietory rights in respect of abadi land allegedly in their possession for the last more than 25 years. Further prayer was made for quashing resumption order dated 28.4.1984 (Annexure P5). On 26.11.2010, fresh notices were directed to be issued to the petitioners, as the counsel who had appeared for the petitioners did not appear. As per office report, petitioners No. 1 and 7 were served, whereas petitioners No. 2 to 6 were reported to have expired. Learned counsel appearing for petitioners No. 1 and 7 submitted that the petitioners in the present case were freedom fighters. As per the policy of the Government, they were given proprietory rights pertaining to the agricultural land in their possession in terms of the judgment of this court in C.W.P. No. 1203 of 1971, decided on 11.1.1974. C.W.P. No. 5944 of 1985 [ 2] In addition to the agricultural land, the petitioners were also in possession of residential plot located in the abadi area. They deserved to be conferred proprietory rights even pertaining to the land in their possession in the abadi area. On the other hand, learned counsel for the State submitted that in terms of the order passed by the Government on 27.10.1966, the political sufferers holding land on lease at the Government Live Stock Farm, Hissar were to get the same allotted in their favour subject to a maximum of 12-1/2 acres per allotment, on payment of the price fixed for the same. As far as prayer of the petitioners is concerned, it was submitted that firstly there was no policy regarding conferment of proprietory rights pertaining to any abadi land and further the petitioners had not been in possession of the plots, as alleged. He further referred to document (Annexure-P2) dated 3.8.1956, wherein it was mentioned that political sufferers had been given 15 marlas of land for residential accommodation, which was to be returned back to the State on expiry of the lease. Considering the said documents, no claim for conferment of proprietory rights on the petitioners pertaining to abadi land is made out. Heard learned counsel for the parties and perused the paper book. Though learned counsel for the petitioners in the present case made prayer for conferment of proprietory rights pertaining to abadi land in their possession, however, he has not been able to point out any policy or the order of the Government in terms of which such a relief could be granted to the petitioners. All what has been provided for in Annexure-R1 dated 27.10.1966 is allotment of agricultural land to the political sufferers to the extent of 12-1/2 acres per allotment, which is located at the Government Live Stock Farm, Hissar. The aforesaid order does not talk about any land in the abadi area regarding which proprietory rights could be conferred on the occupants, if any. Once there is no material on record on the basis of which the petitioners could base their claim for conferment of proprietory rights pertaining to the abadi land allegedly in their occupation, no case for a direction to the respondents to grant such a relief C.W.P. No. 5944 of 1985 [ 3] can possibly be made out. Accordingly, the writ petition is dismissed. (Rajesh Bindal) Judge 6.4.2011 mk