LAWS(P&H)-1990-12-114

MEHAR CHAND Vs. FINANCIAL COMMISSIONER

Decided On December 19, 1990
MEHAR CHAND Appellant
V/S
FINANCIAL COMMISSIONER Respondents

JUDGEMENT

(1.) The petitioner in this petition under Articles 226/227 of the Constitution of India have impugned the order of respondent No. 1 dated January 9, 1988.

(2.) Reference to the relevant facts is necessary to resolve the disputed question of law raised in the petition.

(3.) Petitioner No. 1, after partition of the country, was allotted land measuring 43.7 standard acres in villages Lohgarh, Abusharbar, Jutian Wali, Nai Dabwali in Tehsil Dabwali, District Sirsa in lieu of the land abandoned by him in Bahawalpur State. Proceedings were initiated against him under the Punjab Security of Land Tenures Act, 1953 (for short, 'the 1953 Act'). He was not found in possession of any surplus area. On the death of his father some land devolved upon him by inheritance and surplus area case was re-opened under the 1953 Act and land measuring 97 Kanals 11 Marlas was declared surplus, which was disposed of by the Prescribed Authority under the Rules. On April 14, 1977 petitioner No. 1 submitted declaration under the Haryana Ceiling on Land Holdings 1972 (for short 'the 1972 Act'). The Prescribed Authority Dabwali vide its order dated November 18, 1980 found that land measuring 1416 Kanals 11 Marlas of 'C' grade was surplus with the petitioner. On appeal, the order of the Prescribed Authority was upheld by the Collector, Sirsa vide order dated September 6, 1982. The petitioner challenged the orders of the Prescribed Authority and the Collector in revision before the Commission, Hissar Division, Hissar, who vide his order dated June 6, 1984, upheld the principal claim of the petitioner and held that the transfers made by him were bona fide. On Scrutiny of the record, he further found that the position of the petitioner's area was as under :-