High Court Punjab-Haryana High Court

Onkar Mal And Others vs The State Of Haryana And Others on 24 December, 2008

Punjab-Haryana High Court
Onkar Mal And Others vs The State Of Haryana And Others on 24 December, 2008
CWP No. 9443 of 2004                                            [1]

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH



                                CWP No. 9443 of 2004
                                Date of decision: December 9443, 2008




Onkar Mal and others                                     ... Petitioners

                                versus

The State of Haryana and others                          ... Respondents



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


Present:    Mr. A.K. Chopra, Senior Advocate with
            Mr. Vaibhav Narang, Advocate for the petitioners

            Mr. Sunil Nehra, Assistant Advocate General, Haryana
            for respondents No.1 and 2

            Shri Dinesh Ghai, Advocate
            for respondents No. 17 to 21, 23 and 24.
                        --

Hemant Gupta, J.

The challenge in the present writ petition is to the order dated

27.01.2004, Annexure P-9, whereby allotment in favour of original allottee

Surat Lal was cancelled and purchase of land from Surat Lal was found to

be not protected as vendor could not convey better title than what he had. It

has been found that Surat Lal did not possess any land in Pakistan at the

time of partition of the country, therefore, the allotment of land to Surat Lal

was not tenable. The said allotment was cancelled vide different orders

passed between 28.01.1957 to 29.03.1962 but Surat Lal never challenged

the said orders till he died in the year 1976. It was in the year 1978 that
CWP No. 9443 of 2004 [2]

Bhagwan Dass son of Surat Lal moved an application on 19.12.1978 for

delivery of possession of land allotted in the name of his father Surat Lal in

village Nigana, District Bhiwani or alternative allotment, which was

allowed on 21.07.1981. Such allotment was finally quashed vide order dated

27.01.2004, Annexure P-9, passed by the Commissioner & Secretary to

Govt. Haryana, Rehabilitation Department, exercising the powers of Central

Government.

The sole argument of learned counsel for the petitioners is that

they are bona fide purchasers from the vendees for valuable consideration

and, thus, sale in their favour is protected under section 41 of the Transfer

of Property Act, 1882. The argument raised by learned counsel for the

petitioners is not sustainable for the reasons recorded in Letters Patent

Appeal No. 184 of 2004 titled Subhash Chand and others vs. The

Financial Commissioner Revenue and others, decided vide separate order

of even date.

For the reasons recorded in LPA No. 184 of 2004, the present

writ petition is dismissed.




                                                   ( Hemant Gupta)
                                                        Judge




December 24, 2008                                   ( Nawab Singh)
ks                                                      Judge