Karnail Singh vs Union Of India
2024 Latest Caselaw 8115 P&H

Punjab-Haryana High Court

Karnail Singh vs Union Of India on 18 April, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                Neutral Citation No:=2024:PHHC:051840




                                              2024:PHHC:051840
102 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                        RSA-226-1994 (O&M)
                                        Date of decision: 18.04.2024
Karnail Singh and others
                                               ....Appellants

            Versus

Union of India and others
                                              ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-   Mr. Ravi Kamal Gupta, Advocate for the appellants

ANIL KSHETARPAL, J (Oral)

1. This is an old appeal which has come up for hearing after a

period of 30 years. This is the plaintiff's Regular Second Appeal against

the judgment passed by the First Appellate Court, which in turn has

modified the judgment and decree passed by the trial court. Originally,

after partition of the country, the suit land was allotted to Sh.Chander

Bhan, who was a displaced person. The land was sold to various

persons. Ultimately, the plaintiff's father was the last vendee. In the

year 1972 some part of the land was allotted to Smt. Santosh. The

plaintiff's appeal before the Secretary to the State Government, resulted

in direction to the Department to allot some other land to Smt. Santosh.

However, it was held that the allotment to Sh.Chander Bhan was in

excess of his entitlement. The plaintiff sought declaration that he is

entitled to purchase the suit land at reserve price, which was decreed by

the trial court, however the First Appellate Court modified the decree

directing the concerned Department to consider the plaintiff's request in

accordance with the prevalent rules. It has been projected before this

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Neutral Citation No:=2024:PHHC:051840

RSA-226-1994 (O&M) 2 2024:PHHC:051840

Court that the land has now been acquired by the State and

compensation is lying deposited in view of the aforesaid position. It is

evident that the plaintiff's case cannot be considered for allotment. He

had only right of consideration, which cannot be exercised now. Hence,

the judgment passed by the First Appellate Court is modified and the suit

filed by the plaintiff shall be deemed to have been dismissed as

infructuous.

2. Disposed of.

3. All the pending miscellaneous applications, if any, are also

disposed of.

18.04.2024                                      (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




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