GANGA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition has been filed by a landowner under Articles 226 and 227 of the Constitution of India calling in question the orders of the Collector, Sirsa, respondent No. 2, reducing his permissible area from 133.03 ordinary acres to 60 ordinary acres under the provisions of the Punjab Security of Land Tenures Act, 1953.

(2.) The petitioner's permissible and surplus areas were determined by the Collector in 1961 by an order copy of which is Annexure 'A' to the petition. More than a year and a half later the same Collector reviewed his earlier order and reduced the petitioner's permissible area to 60 ordinary acres. The copy of the order passed on review is Annexure 'B' to the petition.

(3.) The main contention of the petitioner's counsel, Shri Mittal, is that the Collector had no jurisdiction to review his earlier order. In support of this argument reliance is placed on a Single Bench decision of this Court in Ram Chand V. The Punjab State and others, 1970 PunLJ 94. That was a case almost on similar facts. The Collector had allowed the petitioner to retain 96.56 ordinary acres which was equal to 30 standard acres as his permissible area. This order had been based on the decision of a Financial Commissioner in Mahia and others V. Dalip and others,1961 LLT 11, it may appear that the Financial Commissioner's decision in Mahia's case ceased to be good law sometimes later and that the Collector proceeded to review his order and reduced the permissible area to 60 ordinary acres because according to the definition as given in the Act, alandowner could be allowed to retain either 30 standard acres but if those 30 standard acres on conversion exceeded 60 ordinary acres, then he was entitled to keep only those 60 ordinary acres. In view of the change in the case law, interpreting the relevant provisions of the Act, the Collector had re-opened the case by virtue of the powers of review given by Section 82 of the Punjab Tenancy Act read with Section 24 of the Punjab Security of Land Tenures Act, 1953. The Hon'ble Judge relying on Harnek Singh V. The Commissioner, Jullundur Division and another, 1967 PunLJ 140, observed as follows :-