C.W.P. No.1730 of 1992 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.1730 of 1992 (O&M) Date of Decision : 09.05.2011 Sukhi Dei (died) through LRs and another …Petitioners Versus The State of Punjab and others …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. R.K. Dadwal, Advocate for the petitioners. Mr. Gazi Mohammad, D.A.G., Punjab. *** AJAY TEWARI, J. (ORAL) C.W.P. No.1730 of 1992 (O&M) -2- By this petition the petitioners have prayed for a writ, order or direction directing the respondents to allot rural land to the petitioners in view of their services rendered to the country and to restrain the respondents from dispossessing the petitioners from the land measuring 238 kanals 14 marlas comprised in khewat No.28, khatauni No.53 situated in the revenue Estate of Village Behroom, Hadbast No.475, Tehsil and District Hoshiarpur. A strange and fantastic story has been narrated in the petition. It has been stated that the entire land of the petitioners was acquired and that the petitioners belong to a family which has given many soldiers to the Indian Army. Uptil now the narrative seems to be fair and above board. Thereafter it has been stated that the petitioners have been representing to the respondents for allotment of War Jagir or for allotment of evacuee land under some scheme framed by the Punjab Government for allotment of such evacuee land to certain times of soldiers. A press note has also been relied upon. In paragraphs 9 and 10 of the writ petition the petitioners have mentioned as under:- “9. That petitioner No.2, who was retired on medical grounds due to disability suffered during Indo-Pak War represented to the Hon’ble Prime Minister of India, and the respondents, immediately after his retirement, but no action was taken; he made a written application requesting the respondents to C.W.P. No.1730 of 1992 (O&M) -3- allot the Central land situated in the revenue Estate of village Behroom, Hadbast No.475, Khatauni No.53 measuring 238 kanal 14 marlas to the petitioner No.2. A copy of the application dated 25.07.1989 is attached herewith as Annexure P-2. 10. That after the above said application and assurance given by the Deputy Commissioner, Hoshiarpur, Respondent No.4, the petitioners spent about Rs.60,000/- to improve the land which was in mountains and started cultivation.” There is no averment about how the petitioners took the possession of the land in dispute and under what authority. There is not even an averment that the said land was ever evacuee land. No proof has been attached with the writ petition that the petitioners were ever in possession of that land. Some annexures have been attached with the writ petition as per which the petitioners had applied for allotment of land. In the written statement the receipt of any application has been denied. It has been denied that the petitioners are in possession of any land. No replication has been filed. In the circumstances, this Court has a feeling of empathy for the petitioners who have given so many soldiers to this nation yet no relief can be granted to the petitioners. C.W.P. No.1730 of 1992 (O&M) -4- Consequently, this petition is dismissed. ( AJAY TEWARI ) May 09, 2011 JUDGE ashish