WRIT PETITION 6751 of 2004 on 28 January 1957

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH

CWP No. 6751 of 2004 Date of decision: December 24, 2008

Ram Karam and others

... Petitioners

versus

The Commissioner & Secretary to Govt. Haryana, Rehabilitation Deptt. And and others

... Respondents

Coram:Hon'ble Mr. Justice Hemant Gupta.Hon'ble Mr. Justice Nawab Singh.

Present:Mr. C.L. Ghai, Mr. Dinesh Ghai and Mr. Hitesh Ghai Advocates for the petitioners.

Mr. Sunil Nehra, Assistant Advocate General, Haryanafor respondents No.1 to 3. -- Hemant Gupta, J.

The challenge in the present writ petition is to the order dated27.01.2004, Annexure P-11, whereby allotment in favour of original allotteeSurat Lal was cancelled and purchase of land from Surat Lal was found tobe not protected as vendor could not convey better title than what he had. Ithas been found that Surat Lal did not possess any land in Pakistan at thetime of partition of the country, therefore, the allotment of land to Surat Lalwas not tenable. The said allotment was cancelled vide different orderspassed between 28.01.1957 to 29.03.1962 but Surat Lal never challengedthe said orders till he died in the year 1976. It was in the year 1978 thatBhagwan Dass son of Surat Lal moved an application on 19.12.1978 for CWP No. 6751 of 2004

delivery of possession of land allotted in the name of his father Surat Lal invillage Nigana, District Bhiwani or alternative allotment, which wasallowed on 21.07.1981. Such allotment was finally quashed vide order dated27.01.2004, Annexure P-11, passed by the Commissioner & Secretary toGovt. Haryana, Rehabilitation Department, exercising the powers of CentralGovernment.

The sole argument of learned counsel for the petitioners is thatthey are bona fide purchasers from respondent No. 7 for valuableconsideration and, thus, sale in their favour is protected under section 41 ofthe Transfer of Property Act, 1882. The argument raised by learned counselfor the petitioners is not sustainable for the reasons recorded in LettersPatent Appeal No. 184 of 2004 titled Subhash Chand and others vs. TheFinancial Commissioner Revenue and others, decided vide separate orderof even date.

For the reasons recorded in LPA No. 184 of 2004, the presentwrit petition is dismissed.

( Hemant Gupta)Judge

December 24, 2008 ks

( Nawab Singh) Judge