BRIJ LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this order, I propose to dispose of three writ petitions i.e. CWP Nos.6392, 6393, 6394 of 1999 titled as Brij Lal through LRs and others Versus The State of Haryana and others, wherein challenge is to the orders dated 12.09.1997 and order dated 10.03.1999 passed by the Financial Commissioner, Haryana, whereby revision petitions preferred by the private respondents have been allowed and the matter remanded to Collector, Surplus Area, Sirsa, to decide afresh the surplus area cases of Pat Ram-deceased landowner and his sons (petitioners herein) as to whether they were big landowners in their independent capacity or have now become so after inheritance after death of their father Pat Ram, by giving opportunity to all the parties concerned and thereafter decide the purchase application of the old tenants i.e. private respondents.

(2.) As common facts and law are involved, facts are being taken from CWP No.6392 of 1999. Briefly the facts of the case are that Pat Ram son of Dhan Raj, a displaced person, was allotted land in Tehsil Sirsa, District Hisar, now Tehsil Dabwali, District Sirsa, in the year 1949, in lieu of the ancestral land owned by him, which now falls in Pakistan. A suit was filed by his six sons for declaration that they were exclusive owners of 390 bighas 1 biswa of land, which was decreed on 18.06.1958. Mutation was also sanctioned in their favour on the basis of the said decree. Collector, Agrarian, Surplus Area, Sirsa, passed an order dated 26.07.1961 assessing 63.32 standard acres as the surplus area in the hands of Pat Ram, resident of Village Sakta Khera under the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as '1953 Act'). This order was challenged by Pat Ram in an appeal before Commissioner, Ambala Division, which was dismissed on 24.07.1962 as not pressed on account of enforcement of Punjab Security of Land Tenures (Amendment & Validation) Act, 1962. Bishan Singh and Dalip Singh sons of Gurdit Singh residents of Village Sakta Khera, claiming themselves to be the tenants on a part of the holding of Pat Ram, filed two appeals challenging the order dated 26.07.1961 of the Collector, Surplus Area, Sirsa, asserting their right of purchase of the land in their possession. These appeals were accepted by the Commissioner, Ambala Division, Ambala Cantt. vide order dated 19.01.1966 (Annexure P-3) on the plea that the surplus area of Pat Ram has been declared without any notice to them and the case was remanded back to the Collector for reassessment of the area surplus with Pat Ram after affording opportunity of hearing to the appellants. This opened the case of reassessment of the surplus area of Pat Ram. The Special Collector, Haryana, Camp at Hisar, took up the matter on 15.07.1969, when Bishan Singh and Dalip Singh, the tenants, disclosed that Pat Ram had since died on 07.02.1966 leaving behind six sons namely Sohan Lal, Brij Lal, Hazari Lal, Ami Ram, Dhonkal Ram and Shankar Lal and, therefore, the situation has changed and fresh proceedings against heirs of Pat Ram are to be taken except to the extent of area declared surplus as being utilized. The proceedings were filed and the Collector, Agrarian, Sirsa, was requested to start proceedings according to law against the heirs of deceased-Pat Ram for determination of their status and surplus area, if any, with them. This order attained finality as no appeal or revision was filed by the respondents-tenants or the State Government.

(3.) No file of the heirs of Pat Ram was prepared under the 1953 Act in compliance with the order dated 15.07.1969 (Annexure P-4) passed by the Special Collector, Haryana, Camp at Hisar, and no case was pending under the said Act on 23.12.1972, when the Haryana Ceiling of Land Holdings Act, 1972 (hereinafter referred to as '1972 Act'), came into force. Petitioners assert that as there was no existing, final and operative order of declaration of surplus area qua Pat Ram or his sons on the land, no land vested in the State of Haryana under the 1972 Act. All the six sons of Pat Ram filed their declaration form dated 16.08.1976 under Section 9 of the 1972 Act. The Sub Divisional Officer (Civil), Dabwali, passed separate orders dated 20.07.1977 on the applications, which had been submitted by three of the sons of late Shri Pat Ram namely Sohan Lal, Brij Lal and Hazari Lal and came to the conclusion that under the 1972 Act, no surplus area had been found. However, it was mentioned that if any land out of the land in possession of the applicants is found to be surplus under the 1953 Act, the same will not be effected and that surplus land will be utilized according to law. These orders qua Sohan Lal, Brij Lal and Hazari Lal are dated 20.07.1977 (Annexures P-5 to P-7 respectively), qua Dhonkal Ram, the order is dated 09.08.1977 (Annexure P-8) and orders dated 27.04.1995 (Annexures P-9 and P-10) are qua Ami Lal and Shankar Lal sons of Pat Ram respectively.