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1976 DIGILAW 36 (HP)

JOGINDER SINGH v. STATE OF HIMACHAL PRADESH

1976-08-17

P.K.MATTOO

body1976
JUDGMENT P.K. Mattoo, I. A. S —This is a revision petition against the orders of the Divisional Commissioner, dated 30-12-1975 where by he dismissed an appeal against the orders dated 13-12-1974 of the Sub-Divisional Officer (Civil), Una exercising the powers of the Collector under the Himachal Pradesh Ceiling on Land Holdings Act, 1972 (hereinafter called the Act). 2. The only point raised before me by the learned counsel for the petitioner was that for one reason or the other, the petitioner had not exercised his option to select permissible area and that he being in possession of only 9 kanals and one marla of surplus land, he may be permitted to re-exercise his right of selecting the permissible area and allowed to surrender an equivalent area of land out of the area at present determined as his permissible area. 3. Sections 8, 9 and 10 are the relevant sections of the Act dealing with the selection of the permissible area and the declaration of the surplus area of a person. In accordance with section 8, every person, who on the appointed day, i.e. 24th of January, 1971 or at any time thereafter hold land in excess of the permissible area, shall furnish to the Collector particulars of all his lands and that of the separate unit within a prescribed period and in a prescribed form and manner, stating therein the selection of land not exceeding in aggregate the permissible area which he desires to retain. In case of a failure of a person to select his permissible area in accordance with the provision of section 8, the Collector is empowered under section 9 (2) to select the permissible area of such person ; provided that no such order shall be made without giving the person concerned an opportunity to be heard, section 10 makes it obligatory on the Collector to publish a draft statement showing among other particulars the total area of land owned or held by a person, the specific parcels of land which a person may retain by way of permissible area or exemption from ceiling, and also the surplus area, and to serve a copy of the draft statement on the person concerned. Any objection received within 30 days of the service has to be duly considered by the Collector before passing the final orders. 4. Any objection received within 30 days of the service has to be duly considered by the Collector before passing the final orders. 4. In the present case, the petitioner failed to exercise his right of selection under section 8. Even after the draft statement had been served on him, he failed to submit any objections to the draft statement within a period of 30 days laid down in section 10. Permitting the petitioner to exercise his choice of selecting the permissible area at this late stage will have the effect of upsetting of the proceedings which have been undertaken under the Act and will also have the effect of defeating the provision of the Act regarding the implementation of ceiling on land holdings, and acquisition and disposal of surplus areas. 5. In view of these findings, I find myself unable to accede to the prayer of the petitioner. The petition is accordingly dismissed. 6. Orders to be communicated. Petition dismissed.