UJAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Substitution allowed.

(2.) This appeal by special leave arises against the order of the division bench of the Punjab and Haryana High court made on 20/9/1978 in LPA No. 404 of 1975 confirming the order of the learned Single Judge dated 8/5/1975 setting aside the order of taking over possession of the surplus land dated 20/7/1961 and directing redetermination of the surplus land. The admitted facts are that the Collector exercising the power under PEPSU Tenancy and Agricultural Lands Act, 1955 (13 of 1955 determined surplus land of the respondents at 18.82 standard acres by proceedings dated 28/5/19600. The order was not challenged by filing the appeal. Notice of surrender was given on 3/6/1961 calling upon the respondents to deliver possession of the aforesaid surplus land within ten days from the date of the receipt of the notice. Admittedly, the possession of 18.82 standard acres of land was taken by the State officials from Inder Singh who had acknowledged taking over possession on 12/7/1961.

(3.) Subsequently, it would appear by consolidation proceedings that had taken place in the year 1961-62, that it was found that Inder Singh was having less extent of land than the prescribed standard acres under the Act. Consequently, when he filed an application before the authorities, the Commissioner as well as the revisional authorities negatived the claim resulting in filing of the writ petition. As stated earlier, the learned Single Judge and the division bench of the High court have set aside the government order on the ground that Inder Singh was found having less land than the prescribed standard acres under the Act as was determined in the consolidation proceedings. Therefore, the surplus land was required to be redetermined and restituted.