' The petitioner's application under sections 10 and 11 of the Displaced Persons (Land Settlement)
Act, 1958 succeeded and the bogus allotment was cancelled. However, they were not held entitled to allotment because of the statement of Naib-Tehsildar, Central Record Office dated 25-4-1982 that the area was entered in the names of the claimants in the register but the entire register of the estate i.e, village Katie Haitri, appeared to be doubtful for which reason move had been made for border comparison. This is vide order dated 26-4-1982. The petitioners have challenged this order.
2. Learned counsel for the petitioners has contended that the expectations of the Central Record Office to have border comparison with India is unreasonable and not within the realm of possibilities. The petitioners' claim having been verified, they should have been allowed allotment.
3. Learned counsel for the Settlement Department has submitted that the case is being pursued by the attorney and the claimants have not appeared, nor, have they appeared in this Court when they were directed to appear. However, if the petitioners personally appear before the Allotting authority and show the Fard-e-Haqiat issued to them earlier, the petitioners will be made allotment but in no case the allotment shall be made if the claimants do not appear personally and prove their, identity that they are the genuine persons.
4. In view of the above, the impugned order is set aside to the extent that it disentitles the petitioners to allotment being without lawful authority and of no legal effect. The petitioners are directed to appear before the relevant authorities personally and produce the earlier verification of their claim. If they do so, they shall be allotted that land in question if not earlier disposed of. The petition is thus allowed. In the circumstances there shall be no order as to costs.