STATE OF HARYANA Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) THIS is a revision petition filed under Section 18(6) of the Haryana Ceiling on Land Holdings Act, 1972 praying for invoking suo motu powers of the Financial Commissioner and calling for the record relevant to the order dated 27.2.1978 passed by the Prescribed Authority Jagadhri who has wrongly given benefit of a separate unit to the landowner without any document/proof of age of her son Raghbir Singh, and for setting aside the order dated 27.2.1978 of the Prescribed Authority in a surplus area case.

(2.) BRIEF facts of this case are that Chameli Devi (deceased) landowner filed declaration Form-I with the Prescribed Authority, Jagadhari on 16.8.1976 in terms of Section 9 of the Haryana Ceiling on Land Holdings Act, 1972 claiming therein 861 kanal 18 marla of 'C' category land as family permissible area whereas she held in all land measuring 796 kanal 10 marla including all members of family and adult sons. Prescribed Authority vide order dated 27.2.1978 allowed 430 kanal 19 marla permissible area for primary unit and 430 Canal 19 marla as separate unit and no surplus area was declared. The Prescribed Authority allowed one separate unit to the son of deceased landowner Raghbir Singh who was not major at that time according to the DDA. The DDA for the State petitioner states that the landlord has concealed the factual position regarding age of his son.

(3.) THE counsel for the respondent argued that Financial Commissioner cannot invoke her power where there is unreasonable delay. He placed on record AIR 1996 SC 2593 in support of his contention. While referring to Civil Appeal 7050 of 1994 Loku Ram v. State of Haryana, 2000(1) RCR(Civil) 141 (SC) : 1999(1) PLJ 1 (SC), in which Hon'ble Supreme Court had held that expression 'at any time' in Section 18(6) of Haryana Ceiling on Land Holdings Act cannot be indefinite and power had to be exercised within a reasonable time. It is unreasonable to hold that Financial Commissioner has unlimited power to entertain a revision after a lapse of several years. He also stated that this case has been inquired into twice.