The Land Claims Officer held an enquiry and called for a report from the Revenue authorities.
The Patwari of the village, the Kanungo Tahsildar and the Assistant Commissioner verified the recitals made in the application, and recommended the case of respondents 1 to 3 for allotment of other land.
The High Court observed that the Deputy Secretary to the Government of Punjab, Rehabilitation Department, had numberpersonal knowledge and his assertion that the exchange was obtained on the basis of incorrect entries in Khasra Girdwari was number evidence which sup ported the claim that the extracts produced were number genuine.
The High Court accordingly reversed, the order holding that there was numberevidence to show that Khasra Girdwari entries which were produced by.
the respondents 1 to 3 before the Land Claims Officer on which the previous allotment was cancelled were number true extracts.
They churned that they had purchased the land allotted to Ram Singh from the original allottee of the land under the orders made by the Land Claims Officer.
To determine whether the extracts from Khasra Girdwari produced by respondents 1 to 3 with their application before the Land Claims Officer were fabricated the High Court called upon the State Government to produce the original Khasra Girdwari for the year 1957 58, but the State did number produce the record on the somewhat specious plea that the Khasra Girdwari was number traceable.
To this petition the present appellants were on their own application impleaded as parties.
Respondents 1 to 3 then moved a petition before the High Court of Punjab under Article 226 of the Constitution for a writ quashing the order dated September 20, 1962 of the Chief Settlement Commissioner.
They installed wells and built houses on the land.
The Chief Settlement Commissioner by order dated September 20, 1962, cancelled the allotment of land to respondents 1 to 3 in District Hoshiarpur.
Respondents 1 to 3 took possession of the land and started cultivation.
Respondents 1 to 3 in support of their application tendered certified extracts from Khasra Girdwari for 1957 58 showing that the land allotted to Ram Singh was subject to river erosion.
With certificate granted by the High Court the appellants have appealed to this Court.
Against that order an appeal was preferred to the High Court under the Letters Patent.
In 1959 the question the Land Claims Officer recommended to the Chief Settlement Commissioner that the previous order cancelling the allotment of land in favour of Earn Singh was made on the basis of fabricated extracts from the Khasra Girdwari.
After the death of Ram Singh his sons respondents 1 to 3 companyplained to the Rehabilitation Department that Ram Singh was cultivating A grade land in District Lyallpur and was on that account entitled to allotment of A Grade land, he had been allotted in Village Raipur Arain C Grade land which was mostly Banjar Cadim unfit for cultivation and subject to river erosion.
The Land Claims Officer cancelled the allotment of land to Ram Singh in village Raipur Arain and allotted in lieu thereof other land in District Hoshiarpur with permanent rights.
The State also relied upon an affidavit of the Deputy Secretary to the Government of Punjab, Rehabilitation Department, stating that the order of exchange was obtained by respondents 1 to 3 on the basis of incorrect Khasra Girdwari entries and that the Tahsildar had signed the companyy of the Khasra Girdwari produced by respondents 1 to 3 without companyparing them with the originals as required under the orders of Government.
Mahajan, J., dismissed the petition holding that respondents 1 to 3 obtained the order of exchange and cancellation of the previous allotment by relying upon fabricated Khasra Girdwari entries and the Chief Settlement Commissioner acted properly in setting aside the order made by the Land Claims Officer.
C. Shah, J. Ram Singh originally a resident of District Lyallpur number in West Pakistan , migrated to India in 1947 on the partition of the companyntry.
The Rehabilitation Department allotted to Ram Singh an area of land in Village Raipur Aram, District Jullundar in lieu of the land which Ram Singh was companypelled to abandon.
