This decision was obviously taken with a view to prevent famine and fall in agricultural production in the area, as also to provide means of livelihood for the agricultural refugees.
In the case of M s Ishar Singh.
The original allotment was, however, cancelled on the 1st July, 1952.
This order was challenged by a revision under section 27 of the Administration of Evacuee Property Act, 1950.
Subsequently the petitioners lands left in Pakistan are alleged to have been down graded with the result that the lands allotted to them were re allotted on the 25th April, 1951, to Ishar Singh and others who appear as respondents to oppose the present petition.
Rakha Singh and others of the village Dhokala they were in possession of the part of the land before the 6th May, 1953.
324 of 1953 under article 32 of the Constitution.
of 1947, the displaced persons had been allotted lands on a temporary basis but there was an insistent demand for settlement on permanent basis.
Their claims were verified under the provisions of the.
East Punjab Refugees Registration of Land Claims Act XII of 1948, They were allotted specific areas of land under the statement of companyditions, companytained in Notifications Nos.489 1/S and 4892 IS, dated the 8th July, 1949, on quasi permanent basis in lieu of the lands left by them in Pakistan.
In July, 1951, the petitioners moved the East Punjab High Court under article 226 for a writ restraining their eviction from the lands but as numberallotment had been cancelled by that time they withdrew the petition some time in 1952.
In pursuance of this policy the petitioners were settled on land in village Dhakala admittedly a first grade village, Tehsil Thanesar, District Karnal, in the State of East Punjab.
ORIGINAL JURISDICTION PETITION NO.
December 18.
The petitioners are displaced persons from Pakistan who migrated to India after the partition of 1947.
The Judgment of the Court was delivered by GHULAM HASAN J. This petition by twenty persons under article 32 of the Constitution prays for the issue of a writ of certiorari, mandamus and prohibition or other suitable order or directions, quashing the orders dated the 1st July, 1952, and the 14th October, 1953, passed by the Deputy Commissioner Deputy Custodian Evacuee Property Karnal, in the State of East Punjab, hereinafter referred to as the first respondent, whereby the petitioners are alleged to have been deprived of their fundamental right of property and are unable to hold the same within the meaning of article 19 1 f of the Constitution.
Accordingly they decided on the 15th September, 1947, to allot evacuee lands for the current Kharif and the Rabi of 1947 48.
Porus A. Mehta for respondent No.
Amar Nath Arora for respondents Nos.
S. Bindra, Gurucharan Singh Bakshi, with him for the petitioners.
2 to 14.
