C.W.P. No.5707 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.5707 of 1992 Date of Decision : 05.05.2011 Balwant Singh …Petitioner Versus The State of Haryana and others …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Ms. Neha Mann, Advocate for the petitioner. Ms. Shalini Attri, D.A.G., Haryana. Mr. Baljinder Singh, Advocate *** AJAY TEWARI, J. (ORAL) By this petition the petitioner has challenged the orders of the Tehsildar (Sales) and the Chief Settlement Commissioner (Annexures P-5 and P-6) partly allowing his revision but declining the C.W.P. No.5707 of 1992 -2- relief in respect of one particular number. The petitioner and the respondent No.3 are brothers who were displaced persons from West Pakistan. After allotment of land was made in their favour it was discovered that some area i.e. 1.1 standard acres was allotted in excess to the petitioner and 5.13 standard acres was allotted in excess to the respondent No.3. However, by some mistake an area of 5.13 standard acres was cancelled from the allotment of the petitioner and 1.1 standard acres was cancelled from the allotment of respondent No.3. The parties were permitted to purchase the excess allotted area in their possession at the market rate. This obvious mistake was corrected but then a dispute arose as to which rate the land was to be transferred. By the impugned order (Annexure P-6) the Chief Settlement Commissioner allowed the plea with regard to the rate of land and ordered that the land which was to be transferred to them on payment would be at the original rate. However, the petitioner had also made a prayer that one khasra bearing No.52/17 was in his possession and should have been allotted to him but it has been wrongly allotted to the respondent No.3. It is not disputed that the total area which had to be transferred to the petitioner has been transferred and the dispute is only with regard to one number and obviously once one number has been allotted to the petitioner he would have to give equal land to the C.W.P. No.5707 of 1992 -3- respondent No.3. The reason that the petitioner had made this prayer at that time is that this khasra number was irrigated while the area given to him in lieu thereof was not irrigated. It cannot be lost sight of that this matter was hanging fire since the independence of this country and even the final allotment was made almost 30 years ago. In the circumstances, without going into the exact question of whether khasra No.52/17 was in possession of the petitioner and therefore should have been allotted to him, keeping in mind the fact that there is no shortage in the land allotted to the parties, I do not deem it appropriate to enter into this controversy. Accordingly, the petition is dismissed. ( AJAY TEWARI ) May 05, 2011 JUDGE ashish