JIWAN SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) Jiwan Singh has filed this petition under Articles 226 and 227 of the Constitution of India for the issuance of an appropriate writ, order or direction quashing the orders of the Special Collector, the Commissioner and the Financial Commissioner, dated June 25, 1963, November 26, 1963 and July 29, 1964, copies Annexures 'A', 'B' and 'C' respectively to the petition, by which petitioner's area measuring 7 standard acres 5-3/4 units has been declared surplus.

(2.) It was contended by Mr. Bajwa, learned counsel for the petitioner, that in case of a displaced person the permissible limit prescribed under the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as the Act), was area equal to the area of land allotted, that the petitioner was entitled to get area equal to the allotted area and that after evaluation of petitioner's land on the commencement of the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956, in accordance with the provisions of Section 32-NN of the Act, no area was left in his hands which could be declared surplus. On the other hand, it was contended by Mr. Dhillon, learned counsel for the respondents, that the petitioner was entitled to retain only that much area as his permissible area which on evaluation he got in lieu of the allotted area.

(3.) After giving my thoughtful consideration to the entire matter, I am of the view that there is considerable force in the contention of the learned counsel for the petitioner.