FAKIRIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of two writ petitions bearing Nos. 860 and 864 of 1991 as a common question of law is involved in both the petitions. The facts are noticed from CWP No.864 of 1991.

(2.) The petitioners claiming themselves to be tenants of a big land owner have filed this writ petition to challenge the order passed by the Financial Commissioner dated 21.8.1990. The petitioners claim to have purchased the land from big land owner which was declared surplus and was subsequently utilized. The petitioners would plead that the Government could not have utilized this surplus land.

(3.) The facts noticed in brief are that on 25.2.1965, the Collector, Agrarian, Naraingarh, had declared 134 standard acres 3 units of land with Rao Pirthi Singh of Raipur Rani, Tehsil Naraingarh, Distt. Ambala, as surplus under Punjab Security of Land Tenures Act, 1953 (for short 'the Punjab Act'). As per the petitioners, their predecessors-in-interest were non-occupancy tenants on land in Village Raipur Rani, even in the year 1917-18. In support, copy of the jamabandi of the year 1917-18 is referred to. It is stated that Mansha Ram, father of petitioner No.1 and Bishna, the predecessor-in-interest of petitioner Nos.2 to 4, were recorded as non-occupancy tenants in Khasra Girdawaris dated 15.4.1953. Even thereafter, they were recorded as tenants on the land. The petitioners have averred that the land owner wrongly got himself recorded as in self-cultivation subsequently.