ABHEY RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Special Collector, Punjab, vide his order dated 14th of January, 1963, declared an area of 72 standard acres and 14-3/4 units as sarplus in the hands of Abhey Ram son of Gokal, resident of Village Bhambhewa, Tehsil Safidon, District Jind. Later on, the Naib Tehsildar Agrarian, Narwana, issued a notice dated 25th of March, 1971 under Section 32-MM of the Pepsu Tenancy and Agricultural Lands Act, 1955, (hereinafter referred to as the Act) for separation of surplus area. This necessitated the filing of the present writ petition.

(2.) During the pendency of the writ petition, the said Abhey Ram died and his heirs and Jegal representatives were impleaded as Petitioners to this writ petition. The main ground taken in paragraph 7 of the writ petition is that no proper notice was issued to Abhey Ram by the Special Collector for appearance on 14th of January, 1963 on which date the order, Annexure 'B', declaring the surplus area, was passed against him. A copy of the report of the process-server made on 11th of January, 1963, is Annexure 'D' to the writ petition. It is stated therein:

(3.) Sub-section (2) of Section 32-D of the Act provides: