AMAR SINGH Vs. AJMER SINGH

JUDGEMENT

(1.) Maru Ram (deceased, father of Ajmer Singh, respondent in the appeal herein, was a big landowner. The Punjab Security of Land Tenures Act, 1953 (Punjab Act) came into force with effect from April 15, 1953. On that date Maru Ram owned 61 standard acres 9 units of land. It was stated that there was a partition decree by the civil Court on the basis of which the holding of Maru Ram was partitioned amongst him and his three sons namely Prithi Singh, Surat Singh and Ajmer Singh. Proceedings under the Punjab Act were initiated and 9 acres and 3-3/4 units of land owned and possessed by Maru Ram was declared surplus by the Collector, Karnal, on March 10,1961. The Collector, Karnal, took into consideration the partition decree and all other material placed before the Collector. Against the order dated March 10,1961, the three sons of Maru Ram filed a review petition which was heard by the Collector, Karnal on merits and was dismissed by his order dated July 26, 1962. It is not disputed before us by the learned counsel appearing for Ajmer Singh respondent that the orders dated March 10, 1961 and July 26, 1962 have achieved finality.

(2.) The Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act) came into force with effect from December 23, 1972. The provisions of the Punjab Act which were inconsistent with the provisions of the Haryana Act were repealed by Section 33 of the Haryana Act. Section 12(3) of the Haryana Act which is relevant is reproduced hereunder:-

(3.) It is clear from the language of Section 12(3) of the Haryana Act that the surplus land declared under the Punjab Act stood vested in the State with effect from the appointed day (January 24, 1971). 9 acres and 3-3/4 units of land belonging to late Maru Ram and his sons which was declared surplus in the year 1961/1962 also stood vested in the State of Haryana in terms of Section 12(3) of the Haryana Act. The said land having vested in the State Government was allotted to the appellant and respondents 3 and 4 in the year 1981. Ajmer Singh respondent, was dispossessed from the land and the possession was handed over to the appellant. Ajmer Singh respondent, challenged the allotment made to the appellant by way of a revision petition before Collector, Kurukshetra. The Collector by his order dated May 26, 1982 dismissed the petition. The Collector came to the conclusion that the surplus proceedings against Maru Ram and his sons having achieved finality in the year 1961/1962 under the Punjab Act, the same could not be reopened. Ajmer Singh moved another application before the Sub-Divisional Officer, Thanesar for the correction of the revenue record. The said application was made on the basis of the partition decree of the civil court dated June 16, 1958. The Sub-Divisional Officer dismissed the application on the ground that the decree of the civil Court was taken into consideration by the Collector, Karnal while determining the surplus area under the Punjab Act in the year 1961/1962. Thereafter, Ajmer Singh filed writ petition before the Punjab and Haryana High Court. A learned single Judge of the High Court allowed the writ petition and quashed the order of the competent authority allotting the land to the appellant. The High Court relied upon the Full Bench judgment of the Punjab and Haryana High Court in Jaswant Kaur vs. State of Haryana, 1977 Pun LJ 230.