C.W.P. No.416 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.416 of 1992 Date of Decision : 26.04.2011 Charan Singh and another …Petitioners Versus The Financial Commissioner, Punjab and others …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. G.S. Nagra, Advocate for the petitioners Mr. Gazi Mohammad, D.A.G., Punjab. *** AJAY TEWARI, J. (ORAL) By this petition the petitioners have challenged the order 07.02.1991 cancelling the allotment of land measuring 2-12 SAs (standard acres) which had been allotted to them. Undisputedly, the petitioners who are displaced persons were allotted land measuring 10-2 SAs in Village Udowal, Tehsil Batala, District Gurdaspur in lieu of the land abandoned by them in Pakistan. Thereafter by some order dated 05.07.1951 of the Director General, Rehabilitation, Punjab the allotment of land measuring 2-12 C.W.P. No.416 of 1992 -2- SAs was cancelled on the ground that this land had been mortgaged by the Muslims to some non Muslims. It has also not been denied that no notice or opportunity of hearing was issued to the petitioners before the cancellation order was passed. When the petitioners came to know that, they moved an application to the Assistant Registrar (L)-cum-Managing Officer, Mohali praying for restoration of the cancelled area which was dismissed on 05.09.1983. The appeal filed by the petitioners was also dismissed by the Settlement Commissioner, Punjab vide order dated 24.11.1983. The petitioners then moved a revision petition before the Chief Settlement Commissioner who by a reasoned order dated 10.11.1986 accepted the same and remanded the case back to the Tehsildar for fresh decision. Against this order the respondents moved a reference to the Financial Commissioner who accepted the same under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. Learned counsel for the petitioners has argued that the order of cancellation being ex-parte could not be held to be legal. Learned counsel for the petitioners has specifically brought to the notice of the Court the averments made in this regard in paragraph No.7 and ground No.(ii) of paragraph No.8 of the petition wherein it is specifically averred that no notice or opportunity of hearing was provided to the petitioners before the order of cancellation was C.W.P. No.416 of 1992 -3- passed. In the corresponding paras of the writ petition all these factual assertions have not been denied. In my opinion, on this short ground this writ petition has to succeed. Consequently, this petition is allowed. The order dated 07.02.1991 passed by the Financial Commissioner, Punjab is set aside and that passed by the Chief Settlement Commissioner is restored. The matter has consequently sent back to the Managing Officer, Revenue and Rehabilitation Department, Punjab, Chandigarh who will re-decide the matter after issuing notices to the parties. ( AJAY TEWARI ) April 26, 2011 JUDGE ashish