RATTAN KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner Rattan Kumari, has not only succeeded to the property of Thakur Jatinder Singh, but has also inherited the litigation. The first round started in November 1961, when the surplus area case of Thakur Jatinder Singh was initially decided by the Collector. It had culminated in the filing of Civil Writ Petition No. 3213 of 1917, which was decided on December 17, 1976. The judgment is since Thakur Jatinder Singh v. State of Haryana & others, 1977 PunLJ 118. L.P.A. No. 40 of 1977 filed by Amar Singh and others, and in which the present petitioner had been impleaded as a legal representative, was decided on August 11, 1982. This judgment is since Amar Singh and others v. State of Haryana & others,1983 PunLJ 44. The present petition represents the second round of litigation.

(2.) To appreciate the controversy arising in the present case, the relevant facts may be briefly culled from the elaborate and lucid judgment of S.S. Sandhawalia, J. (as My Lord then was).

(3.) Thakur Jatinder Singh was a big landowner. On November 6,1961, the Collector decided his surplus area case. This order was marginally modified on February 27, 1962 on an application for review. Thereafter, Thakur Jatinder Singh selected his permissible area. The consolidation of holding took place in the village. The prescribed authority under Section 24-A(2) of the Act separated the permissible area of the landowner out of the land allotted to him in consolidation proceedings. This was done vide orders, dated July 25, 1962.