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2003 DIGILAW 242 (PNJ)

Malawa Ram v. State Of Punjab

2003-02-10

MEHTAB S.GILL

body2003
Judgment Mehtab S.Gill, J. 1. This judgment will dispose of Civil Writ Petition Nos. 2637 and 2658 of 1982 as common questions of fact and taw are involved in the same. Facts will be taken from Civil Writ Petition No. 2637 of 1982. 2. Petitioners have filed this writ petition in the nature of Certiorari for quashing orders dated 26.2.1982, Annexure P-6 and 24.3.1975, Annexure P3 respectively. 3. Petitioners have averred that they are small land owners, owning less than the permissible area of land under the Punjab Land Reforms Act, 1972 (hereinafter referred to as the Act) and Punjab Security of Land Tensures Act, 1953 (hereinafter referred to as Punjab Law). It has been further averred that Rajinder Singh son of Bishan Singh, resident of village Khorani, Tehsil Fazilka, District Ferozepur was a big land owner. Most of the land owned by Rajinder Singh was under old tenants and the area in dispute was situated in village Palliwala, Tehsil Fazilka, District Ferozepur. This land was under the old tenants namely Para Ram, Dayal Chand, Tara Singh sons of Tahia Ram and Ganga Singh son of Phulel Singh. 4. It is further averred that order dated 19.1.1962 was passed by the Special Collector, Punjab, Chandigarh whereby he assessed surplus and permissible area of Rajinder Singh and declared 91 standard acres and 10-1/4 units of Sand as surplus. This order was challenged in appeal before the Additional Commissioner, Ferozepur, Division. Vide order dated 25.7.1963, the Additional Commissioner, accepted the appeal and remanded the case back to the Special Collector for a fresh decision. 5. Special Collector, Punjab after hearing all the parties exempted 41 standard acres and 14 units of land under old tenants from the purview of surplus order. Copy of the order of Special Collector dated 8.1.1964 is attached as Annexure P-1. This order did not declare any surplus area in village Palliwala. 6. It has been further averred that since the area in village Palliwala, Tehsil Fazilka, District Ferozepur was not declared surplus, old tenants i.e. Dyal Chand and Tara Chand sons of Tahia Ram son of Para Ram purchased an area measuring 21 Kanals 2 Marlas comprised in Rectangle No. 15, Killa Nos. 16, 25, II. 19 and 29/1 under their tenancy. The land was duly purchased vide registered sale deeds dated 22.8.1968 and 26.8.1968. The land was mutated vide mutation Nos. 16, 25, II. 19 and 29/1 under their tenancy. The land was duly purchased vide registered sale deeds dated 22.8.1968 and 26.8.1968. The land was mutated vide mutation Nos. 700 and 701 which were sanctioned on 27.10.1970 by the revenue authorities. This land was further purchased by petitioners i.e. Malawa Ram, Hakam Chand, Karam Chand sons of Wasawa Ram and Jinda Bai wife of Shri Karam Chand. This land was purchased vide sale deeds 9.5.1969 and 14.6.1971. Mutation Nos. 716 and 740 were sanctioned. The petitioners have stepped into the shoes of old tenants of the big land owner. The present petitioners had the status of small land owners as envisaged in the Punjab law as well as under the Act of 1972. 7. Respondent No. 3 passed order dated 2.8.1973 without affording an opportunity to the petitioners and changed declaration of surplus area of Rajinder Singh, big land owner and declared tenants permissible area situated in village Palliwala as surplus in place of area of land situated in village Khuranj, Rodewala and Siswal. A copy of the order dated 2.8.1973 is attached as Annexure P-2. 8. The petitioners applied to respondent No. 3 for getting the land exempted from surplus area of Rajinder Singh. Respondent No. 3 vide order dated 24.3.1975 rejected the application of the petitioners. Being aggrieved by order dated 24.3.1975, the petitioners filed an appeal before Commissioner, Ferozepur Division on the ground that no notice was served on the petitioners while declaring their land as surplus. Grounds of appeal have been attached as Annexure P-4. This appeal of the petitioners was dismissed by the Additional Commissioner, Ferozepur Division vide order dated 27.6.1978, (Annexure P-5). Revision was filed by the petitioners. The Financial Commissioner, Punjab rejected revision petition and upheld the order of Additional Commissioner (Annexure P-6). 9. Notice of motion was issued. 10. Counsel for the respondents has stated that this piece of land was declared surplus vide order dated 2.8.1973 of Collector, Ferozepur. At that time, it was in possession of the old tenants. He has further stated that the plea taken by them that they were inducted as tenants in place of old tenants in 1964-965 is falsified by the revenue record. He has further stated that the petitioners purchased this land some where in the years 1967 and 1968 and, thus, are not covered by Government instructions as bona fide vendees. 11. He has further stated that the plea taken by them that they were inducted as tenants in place of old tenants in 1964-965 is falsified by the revenue record. He has further stated that the petitioners purchased this land some where in the years 1967 and 1968 and, thus, are not covered by Government instructions as bona fide vendees. 11. Counsel for the petitioners has drawn my attention to para No. 4 of the petition wherein it has, been stated that the Special Collector Punjab after hearing all the parties exempted 41 standard acres and 14 units of land under the old tenants from the purview of surplus order. A copy of the order dated 8.1.1964 has been attached as Annexure P-1. He has further stated that it is important to note that no area of land was declared surplus by special Collector in village Palliwala, In reply to para No. 4 of the petition, the respondents have admitted this fact. This is a very important admission. 12. I have learned counsel for the petitioners and counsel for the respondents. 13. I have gone through order dated 8.1.1964 Annexure P-1. It is correct that no area of land in village Palliwala is mentioned in para No. 10 of that order. Villages which are mentioned are Ratta Khera Punjab Singh. Wazidpur, Sappanwali (District Ferozepur), Lakhewali, Khoranj, Roranwalal (District Ferozepur) and Siswal (District Hisar). While passing order dated 2.8.1973, (Annexure P2), Collector, Ferozepur has mentioned some villages in para No. 2 and some land in village Palliwala has also been declared surplus. Collector, Ferozepur could not take into consideration land of village Palliwala as there was already an order dated 8.1.1964, Annexure P-1. 14. As it is clear from order dated 2.8.1973, Annexure P2, that village Palliwala has been included which could not have been done, Annexure P-2 is quashed. As a consequence thereof, order dated 24.3.1975. Annexure P-5, order dated 27.6.1978, Annexure P-5 and order dated 26.2.1982, Annexure P-6 are also set aside. With the above observations, these writ petitions are allowed.