RUPU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The brief facts giving rise to this petition are that Rupu petitioner claimed himself to be a tenant on the land (60 kanals 8 marlas) under one Kurda in village Badhawar in Tehsil Hansi from a time before 1951. Kurda's total holdings then were alleged to be 478 bighas and 15 biswas. Kurda transferred half of his land to his brother Rajmal vide mutation sanctioned on September 21, 1951. Rajmal had 100 bigas of land of his own. Subsequently, the land come to be partitioned among the brothers. Rajmal exchanged his land with Amin Lal and others.

(2.) Rupu petitioner applied for the purchase of land, which he was cultivating on October 16, 1970. The Assistant Collector Ist Grade, Hansi, allowed the purchase application on June 11, 1971, declaring Kurda as a big land-owner. Kurda's transfer of land to his brother and further exchange of the same with Amin Lal etc. was declared void.

(3.) Amin Lal filed an appeal before the Collector, Hissar. The Collector accepted the appeal vide his order dated June 21, 1972, and directed that surplus area and reserved area of Rajmal should first be determined by the Collector, Surplus Area.