STATE OF HARYANA Vs. DECEASED SARDOOL SINGH

JUDGEMENT

(1.) THIS is a revision petition under Section 18(6) of the Haryana Ceiling on Land Holdings Act, 1972 for invoking the suo motu powers of the Financial Commissioner and for setting aside the order, dated 11.8.1978 passed by the Prescribed Authority, Dabwali and passing any other order or direction in the above case.

(2.) THE brief' facts of the case are that the deceased respondent/landowner late Sardul Singh had filed a declaration in Form-I, on 16.8.1976 before the prescribed Authority, Dabwali claiming one primary unit and two separate units - one for his major son and another of his major daughter. Out of a total land of 1058 Kanals 5 Marlas held by all the members of the family including all adult son living with the landowner, he had claimed an area of 1293 Kanals as permissible area and had thus claimed that no surplus area was available. The Prescribed Authority accepted this contention and declared in his order dated 11.8.1978 that no surplus area was available. The present petition is against this order.

(3.) IN his arguments, the Government pleader cited the rulings mentioned in 1980 PLJ 470 which was subsequently followed in 1989 PLJ 105. These rulings by the Supreme Court upheld the validity of providing a separate unit only to a son and not to a daughter. He also argued that the order under the Act has been passed by the SDO (Civil) and not by the Prescribed Authority.