In the High Court of Punjab and Haryana at Chandigarh ...... C.W.P. No.16477 of 2006 ..... Date of decision:3.7.2009 Bhagwan Dass .....Petitioner v. State of Punjab and others .....Respondents .... Present: Ms. Jaspal Kaur Gurna , Advocate for the petitioner. Mr. H.S. Gill, Deputy Advocate General, Punjab for the respondents. ..... S.S. Saron, J. Heard learned counsel for the parties at length. The civil writ petition has been filed claiming that adequate land, as per entitlement of Sawan Ram - father of the petitioner Bhagwan Dass, who had migrated from Pakistan, has not been allotted. The petitioner prays that the remaining portion of the allotted land be given to the petitioner in compliance to the order dated 29.7.1991 (Annexure-P.1) passed by the Chief Settlement Commissioner, Punjab (respondent No.2). Sawan Ram - father of the petitioner was a migrant from Pakistan. In terms of the order dated 29.7.1991 (Annexure-P.1) passed by the Chief Settlement Commissioner, Punjab (respondent No.2) it has been inter alia observed that the petitioner's father was actually entitled for the net allotment of 2-4 Standard Acres (SAs – for short) of land as against his allotment measuring 1-15 ¼ SAs and he had rightly been allowed additional area to the tune of 0-4 ¼ SAs by the Tehsildar (Headquarters)-cum-M.O. C.W.P. No.16477 of 2006 [2] vide order dated 29.6.1990 but he had not been given the area due to him at the spot. Accordingly, the revision petition of the petitioner Bhagwan Das was accepted and the case was sent back to the Tehsildar (Headquarters)- cum-MO, Punjab, Chandigarh with the direction that he would ensure that the petitioner is given allotment of area to the tune of 2-4 SAs of land and he will issue necessary directions in this behalf to the Tehsildar, Rajpura. According to the petitioner, his father was allotted 1-15.75 SAs i.e. 45 Bighas 18 Biswas of land but he was only given an area to the tune of 20 Bighas 10 Biswas of land. Therefore, the claim is for allotment of the remaining land. Notice of motion was issued in the case. According to the reply filed by Tehsildar, Dera Bassi on behalf of respondents No.1 to 4 it is stated that Sawan Ram was allotted 20 Bighas 10 Biswas of land in Village Mussepur in 1961-62 but the possession of the same was taken by some other person who sold the same. Further in pursuance of the order of the Chief Settlement Commissioner dated 29.7.1991 (Annexure-P.1), the Tehsildar Rajpura allotted 11 Bighas 8 Biswas of land to Bhagwan Dass (petitioner) being legal heir of Sawan Ram in Village Haripur Kurra, Tehsil Rajpura now Tehsil Dera Bassi. In accordance with the allotment, the petitioner filed an application dated 18.8.1992 for delivery of possession, which was delivered to him on 17.9.1992. In the application that was filed by the petitioner on 18.8.1992 it is stated that the petitioner did not mention about any part of his claim remaining unsatisfied. The Tehsildar, Rajpura in his order dated 13.7.1992 had made it clear that with the allotment of 11 Bighas 8 Biswas of land which the petitioner was entitled to, his claim had been settled and no part of C.W.P. No.16477 of 2006 [3] his claim remained unsatisfied. It is also submitted that in terms of order dated 29.7.1991 (Annexure-P.1) passed by the Chief Settlement Commissioner (respondent No.2), the respondent No.4 was directed to ensure that the petitioner has been allotted an area to the extent of 2-4 SAs, which was allotted to him. It is, however, stated as incorrect that the allotment of land was not made at the spot by respondent No.4 as alleged. It is submitted that in view of the directions issued in the said revision, the concerned Kanungo made a proposal for allotment on 9.7.1992, which is to the effect that Sawan Ram - father of the petitioner was allotted 2-14 ¾ SAs of land in village Bair Majra but it was cancelled as the said land was part of military area. The said land was 45 Bighas 18 Biswas. On the death of Sawan Ram, his son Bhagwan Dass (petitioner) made a request for allotment of land in lieu of land cancelled in village Bair Majra. Bhagwan Dass (petitioner), being legal heir of the allottee Sawan Ram was willing for allotment at Village Haripur Kurra. Therefore, land measuring 11 Bighas 8 Biswas was allotted to him. With the said allotment the total claim in the name of Sawan Ram - father of Bhagwan Dass (petitioner) stood satisfied. On the application of Bhagwan Dass (petitioner), the possession of the land in village Haripur Kurra was also delivered on 17.9.1992. Bhagwan Dass (petitioner) admitted the said facts as correct and put his signatures. Copy of the relevant noting made by the Kanungo and approved by the Tehsildar in this regard has been placed on record as Annexure-R.7 with its true translation as Annexure-R.7/A. In this manner, it is submitted that the claim of Sawan Ram, father of the petitioner, for allotment of land in lieu of the land left in Pakistan was fully satisfied. Photo copy of the application dated 18.8.1992 of Bhagwan Dass has been placed on record as Annexure-R.8 and C.W.P. No.16477 of 2006 [4] its translation is Annexure-R.8/A. The copy of the report of Field Kanungo dated 17.9.1992 is Annexure-R.9 and its true translation is Annexure-R.9/A. After the filing of the written statement during the course of hearing on 7.11.2008, the following order was passed by a Division Bench:- “The solitary controversy raised in the instant writ petition is for possession of 2 standard acres and 14 ¾ units of land. According to the petitioner, who is successor of the original allottee, Sawan Ram, land equivalent to the land allotted to his father, has never been given either to Sawan Ram or his legal heirs. As against the contention advanced by the learned counsel for the petitioner, it is submitted by the learned counsel for the respondents, that 1 standard acre and 15 ¾ units of land was allotted to Sawan Ram in Village Mussepur, and in addition to the aforesaid, 1 standard acre and 3 units of land was allotted to Sawan Ram in Village Haripur Kurra. Added together the land allotted to Sawan Ram in Villages Mussepur and Haripur Kurra, is equivalent to the claim of the petitioner. In order repudiate the statement made on behalf of the respondents, it is acknowledged, that land in Village Haripur Kurra, referred to in the foregoing paragraph, was allotted to Sawan Ram and possession thereof was also given to him, whereas although the allotment was made in the name of Sawan Ram in Village Mussepur as well, possession thereof has never been given either to Sawan Ram or his descendants. Learned counsel for the respondents seeks an C.W.P. No.16477 of 2006 [5] adjournment so as to enable him to file an affidavit supported by the documentary authentication, that possession of 1 standard acre and 15 ¾ units of land was given either to Sawan Ram or his legal heirs consequent upon the allotment made to Sawan Ram. Prayer is allowed. Needful be done within two weeks from today with a copy in advance to the learned counsel for the petitioner. Adjourned for further consideration to 25.11.2008.” In terms of the above, learned counsel for the State had taken time to file an affidavit supported by the documentary authentication, that possession of 1 standard acre and 15 ¾ units of land was given either to Sawan Ram or his legal heirs consequent upon the allotment made to the father of the petitioner. It may, however, be noticed that in fact the actual position is that it is admitted case of the petitioner that his father was allotted 20 Bighas 10 Biswas of land. However, the petitioner in his petition did not mention that the said land was allotted to the petitioner in Village Mussepur. It is in compliance to the order dated 7.11.2008 passed by the Division Bench that an additional affidavit dated 18.11.2008 of Gurmander Singh, Tehsildar, Dera Bassi has been filed in which it is stated that land comprised in Khasra No.203 (2-14), 204 (3-0), 205 (4-0), 206 (4-0), 216 (1-12) and 217 Min. (5-4) measuring 20 Bighas 10 Biswas in village Mussepur was allotted to the father of the petitioner as was clear from the Jamabandi for the year 1961-62 (Annexure R-1). The said land was previously in the name of the custodian as was evident from the Jamabandi for the year 1957-58 (Annexure-R.2) of village Mussepur. A perusal of the Jamabandi for the C.W.P. No.16477 of 2006 [6] year 1957-58 (Annexure-R.2) shows that the land is recorded in the ownership of ‘Iraji Matruka Custodian’. Besides, Ujagar Singh son of Sanchait Singh is recorded in possession as ‘Gair Marusi Chakotedar’ in Khasra Nos.216 and 217 and Ujagar Singh son of Sanchait Singh is recorded as ‘Gair Marusi possession’; besides, cultivation is recorded in the name of Mansa son of Jat Gujar resident of Makandpur ‘Gair Marusi Majara’ in respect of Khasra Nos.203, 204, 205 and 206. In the Jamabandi for the year 1961-62 (Annexure-R.1), Sawan Ram father of the petitioner is recorded as owner of the land measuring 20 Bighas 10 Biswas and the cultivation is recorded in the name of Piara Singh and Tara Singh sons of Hukam Singh as ‘Gair Marusi’ residents of Toganpur. The further facts which are evident from the affidavit and Mutation No.313 (Annexure R-3) are that Sawan Ram died on 20.10.1963. On his death Mutation No.313 (Annexure R-3) in respect of the land measuring 20 Bighas 10 Biswas in village Mussepur was sanctioned on 3.4.1965 in favour of Bhana Ram and petitioner Bhagwan Dass. The said Bhana Ram and petitioner Bhagwan Dass thereafter vide registered sale deed No.712 dated 6.6.1968 (Annexure-R.4) sold the land measuring 20 Bighas 10 Biswas in favour of Dalip Singh, Ajit Singh, Sarwan Singh and Gurcharan Singh sons of Tara Singh son of Hukam Singh. The recital in the said sale deed (Annexure R-4) inter alia records that the vendees were already in possession as tenants. Mutation No.346 (Annexure R-5) in favour of the aforesaid vendees, namely, Dalip Singh, Ajit Singh, Swaran Singh and Gurcharan Singh sons of Tara Singh son of Hukam Singh was sanctioned by the Assistant Collector 2nd Grade Dappar on 14.11.1968. It may be noticed that it was no where the grievance of the petitioner that land measuring 20 Bighas 10 Biswas had not been allotted to C.W.P. No.16477 of 2006 [7] him. However, in terms of the order dated 7.11.2008 passed by this Court it was sought to be contended that the possession of entire land measuring 20 Bighas 10 Biswas that was allotted was not given to the father of the petitioner or his legal heirs as was given with respect to the land in village Haripur Kurra which is recorded in the proceedings dated 17.9.1992 (Annexure-R.9/A). It may be noticed that after the affidavit dated 18.11.2008 had been filed by Shri Gurmander Singh, Tehsildar Derabassi in compliance to the order dated 7.11.2008 passed by this Court, the petitioner pointed out the other discrepancies by drawing the attention of the Court to Para 6 of the said affidavit. This Court on 15.01.2009 passed the following order:- “Learned counsel for the petitioner has drawn my attention to para 6 of the reply affidavit filed by Gurmander Singh, Tehsildar, Dera Bassi on behalf of respondents No.1 to 4, to say that as per the stand of the respondent, the land which was allotted to Sawan Ram measuring 20 bigha 10 biswa in village Musepur was taken in possession by some other person and sold. On the other hand, learned State counsel has drawn my attention to Annexure R-4/2, to say that land was sold by the petitioner himself. Let the officer filing reply explain this contradiction and now bring out the correct factual position in this regard by the adjourned date. Adjourned to 21.03.2009.” In response to the said order, Shri Gurmander Singh, Tehsildar, Dera Bassi filed another affidavit dated 25.02.2009 in which he in no C.W.P. No.16477 of 2006 [8] unequivocal terms submitted as follows:- “Sawan Ram was allotted 20 Bhighas 10 Biswas of land in village Musepur in 1961-62. However, Sawan Ram expired on 26.10.1963. Mutation No.313 in respect of the said land was sanctioned on 3.4.1965 in the names of Bhana Ram and Bhagwan Dass, (sic.) (sons of) the deceased allottee late Sawan Ram. It was Bhana Ram and Bhagwan Dass who had subsequently sold the said 20 Bhighas 10 Biswas of land which was mutated in their names vide mutation No.313”. Therefore, it may be noticed that the admitted case the petitioner is that land measuring 20 Bighas 10 Biswas had been allotted to his father. The petitioner suppressed the fact that the land measuring 20 Bighas 10 Biswas was the land in village Mussepur and that he had sold the same along with his brother Bhana Ram vide sale deed dated 6.6.1968 (Annexure-R.4), besides, Mutation No.346 had been sanctioned on 14.11.1968 (Annexure-R.5) by the Assistant Collector 2nd Grade, Dappar in this regard. In reply dated 19.03.2009 to the additional affidavit of Shri Gurmander Singh, Tehsildar, Dera Bassi, the petitioner has now come up with the stand that the sale deed dated 6.6.1968 (Annexure R-4) is a forged and a fabricated document and had never been executed by the legal heirs of the allottee Sawan Ram. It is also stated that the alleged sale deed shows thumb mark of the petitioner whereas the records of the respondents would reveal that the petitioner always signs and he never ever thumb marked. It is also submitted that the respondents have not shown regarding delivery of possession, which was required to be shown in terms of the order dated C.W.P. No.16477 of 2006 [9] 7.11.2008 passed by this Court. It may, however, be noticed that in case the petitioner had any grievance with respect to the sale deed dated 6.6.1968 (Annexure R-4) it was for him to assail the same and assert his rights in accordance with law. This Court in exercise of its writ jurisdiction under Articles 226/227 of the constitution of India is not to go into the disputed questions of facts. This is moreso for the reason that the sale deed dated 6.6.1968 is not subject matter of challenge in this writ petition. In fact the petitioner's admitted case is that he was allotted 20 Bighas 10 Biswas of land. Therefore, that aspect need not be gone into any further. The claim of the petitioner has been only for balance land being allotted to him and to show regarding delivery of actual which as per the submissions of the department would show that land measuring 1 SA – 3 units measuring 11 Bighas 8 Biswas has been allotted in village Haripur Kurra of which possession has also been delivered on 17.9.1992 (Annexure-R.9/A). After the delivery of possession on 17.9.1992 the petitioner did not raised any claim that balance land remains to be allotted to him, till he filed the present petition on 16.10.2006. Even in the application dated 18.8.1992 (Annexure- R.8), the petitioner does not state that any balance land is to be given to him. The position, therefore, is that the petitioner was initially allotted 20 Bighas 10 Biswas of land in Village Mussepur which he has sold vide sale deed dated 6.6.1968 (Annexure-R.4) and mutation of the same was sanctioned on 14.11.1968 (Annexure-R.5). Thereafter, he has been allotted 11 Bighas 8 Biswas of land in village Haripur Kurra and the possession of the same was delivered to him on 17.9.1992 (Annexure R-9/A). Thereafter, till the filing of the present petition on 16.10.2006 i.e. for a period of almost 14 years he had no grievance of any balance land being due to him. C.W.P. No.16477 of 2006 [10] In the circumstances, the petition is completely devoid of any merit; besides, is totally frivolous and is, therefore, dismissed. July 3, 2009. (S.S. Saron) Judge *hsp* NOTE: Whether to be referred to the Reporter or not:Yes/No