RATTNA OIL MILLS RICE MILLS Vs. PARAMJIT SINGH

JUDGEMENT

(1.) This appeal by way of a special leave petition is directed against the final judgment and order dated 9th of February, 2000 in CWP No. 1719 of 2000 of the High Court of Punjab and Haryana at Chandigarh.

(2.) One Munshi Singh, son of Dalip Singh, resident of Village Rampura, Tehsil Fazilka, District Ferozepur along with his wife Smt. Satwant Kaur owned land measuring 15.9542 Hectares on 24th of January, 1971, which was the appointed date under the Punjab Land Reforms Act 1972. A decree dated 6th of July, 1972 was passed in favour of Karnail Singh and others against Smt. Satwant Kaur and in pursuance to the said decree, the land was transferred and mutated in favour of Karnail Singh and others. Thereafter, Karnail Singh and others exchanged the land with Manjit Singh whose name had entered in the revenue records. On or about 14th of June, 1974, Manjit Singh sold land measuring about 12 Kanals 8 Marlas to M/s. Ahuja Oil and Chemicals, Fazilka, which is presently Respondent No. 5 herein and they constructed a factory on it. The land was mutated in the name of Respondent No. 5.

(3.) The Collector, Fazilka by his order dated 11th of January, 1977 determined the ceiling of the original owner Munshi Singh and held 8.0804 Hectares of land as surplus in the hands of Munshi Singh. Feeling aggrieved, the original owner Munshi Singh filed an appeal before the Commissioner, Ferozepur and the Commissioner by an order dated 5th of May, 1980 modified the order of ceiling of the Collector to the extent that the lands mentioned in the said order equivalent to 4.8187 hectares were excluded from the surplus pool and the matter was remanded back to the Collector, Fazilka for fresh decision. By an order dated 19th of August, 1982, the Collector, Fazilka determined the ceiling limit and declared 1.7849 hectares of land as surplus. The land in dispute measuring 12 Kanals 8 Marlas, sold to M/s. Ahuja Oil and Chemicals was declared surplus though no notice was given to them. Feeling aggrieved, M/s. Ahuja Oil & Chemicals filed an appeal before the Commissioner, Ferozepur claiming that since the aforesaid surplus land was purchased by them from Manjit Singh, they ought to have been heard and notice ought to have been served upon them and accordingly, the order of the Collector must be set aside. During the pendency of this appeal, the respondent No. 5 sold the said land in which a factory is situated to the appellant herein by a registered sale deed dated 11th of June, 1985. The appellate authority viz. the Commissioner, Ferozepur dismissed the appeal of M/s. Ahuja Oil and Chemicals on 14th of October, 1985 on the ground that M/s. Ahuja Oil & Chemicals were not entitled to prosecute the appeal in view of the fact that the land in dispute was already sold by it to the appellant. The appellant herein, being the purchaser from M/s. Ahuja Oil & Chemicals filed an application before the Commissioner, Ferozepur, which was also rejected by the order dated 6th of July, 1987. Thereafter, the order dated 6th of July, 1987 was also challenged by the appellant herein in revision before the Financial Commissioner but the revision petition was also dismissed on the ground of locus standi of the appellant herein to challenge the same. A writ petition filed before the Punjab & Haryana High Court by the appellant herein was also rejected on the ground that the appellant herein was not entitled to any hearing of the proceeding for determination of surplus land under Punjab Land Reforms Act, 1972. It is this order of the High Court, which is now under challenge before us.