SUKHDARSHAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) In this writ petition filed under Art. 226 of the Constitution of India, the petitioner has sought for quashing the impugned orders Annexures P-l, P-2 and P-3, dated 4.7.1973, 21.1.1974 and 5.1.1978. Annexure P-I is the order vide which the Collector Agrarian, Fatehabad Sahib held that total area which was to be declared surplus came to 16.12. standard acres as against 18.91 standard acres. Accordingly, surplus area was ordered to be reduced to the extent of 2.79 standard acres by giving the benefit of that area which was mortgaged and redeemed after the commencement of the Act. Annexure P-2 is the order of Commissioner, Patiala, whereby the appeal against the order of Collector was rejected and Annexure P-3 is the order passed by the Financial Commissioner rejecting the revision filed against the order, Annexure P-2.

(2.) During the pendency of the writ petition, the petitioner died and his legal heirs were brought on record.

(3.) At the outset of the hearing, the learned Counsel for the petitioner contends that now the matter is covered by a Full Bench decision of this Court in Ranjit Ram Vs. The Financial Commissioner, Revenue, Punjab, and others, 1981 P.L.J. 259 in which it was held that if the landlord dies during the pendency of the suit, the surplus area is to be determined afresh. The learned Counsel for the respondents could not repell this argument of the petitioner's Counsel, rather has consented that the impugned orders, Annexures P-1 to P-3 be quashed and the case be remanded to the Collector, Agrarian, Fatehgarh Sahib for determining the Surplus area afresh.