HARDIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The facts leading to this order are, that the Special Collector by an order, dated 19.6.1963, passed under Section 32-D(2) of the Pepsu Tenancy and Agricultural Lands Act 1955 (hereinafter called 'the Act') declared 2.2 standard acres as surplus area of Hardit Singh writ-petitioner. He based this finding primarily on the entries in the Jamabandi of the year 1956-57, according to which 5 Bighas and 5 Biswas were Ghair Mumkin. Against that order, the landowner filed an appeal under Section 32-D(3) of the Act to the Commissioner, who dismissed it. Further revision filed by the landowner before the Financial Commissioner was dismissed by the latter as per his order, dated 6.10.1964 Hardit Singh, therefore, filed this writ-petition under Articles 226/227 of the Constitution for impugning the orders of the Collector, the Commissioner and the Financial Commissioner, on the ground that in view of Section 32-NN of the Act, it was incumbent on the respondents to assess the surplus area, only on the basis of the Jamabandi of the year 1951-52, which was in force on 30.10.1956, i.e, the date from which the Punjab Act No. 16 of 1962, inserting the new Section 32-NN, came into force.

(2.) In the return, it has been admitted by the Financial Commissioner that the impugned orders are based on the entries in the Jamabandi of 1956-57, which would depict the true picture of the petitioner's holding as it stood on August 21, 1956.

(3.) During the pendency of this writ-petition, however, Hardit Singh died and his heirs, namely, Chhaju Singh, Jagjit Singh, Jagrup Singh, Gurpal Singh, Rit Singh, Tej Singh, Jai Kaur and Chand Kaur, were brought on the record.