NATHU RAM Vs. RAM PARTAP

JUDGEMENT

(1.) THESE are two cases of appeal under Section 24 of the Punjab Security of Land Tenures Act, 1953 read with Sections 80 and 84 of the Punjab Tenancy Act, 1887 against the order dated 4.8.1999 passed by the Commissioner Hisar Division. The appellants have pleaded for setting aside the order of the Commissioner, Hisar and for restoration and affirmation of the order dated 20.9.1995 passed by the Collector, Surplus Area, Dabwali, District Sirsa. The appellants in R.O.A. No. 5 all belong to the category of landowners while the respondents belong to the category of resettled tenants or allottees of surplus lands. The appellants in R.O.A. No. 6 are old tenants who are aggrieved by the order of the Commissioner, Hisar Division dated 4.8.1999. The discussion of the case in R.O.A. No. 5 and orders thereon will also be applicable to R.O.A. No. 6.

(2.) THE facts of the case are that the Collector, Surplus Area, Sirsa vide his order dated 20.6.1961 under the Punjab Security of Land Tenures Act and Rules allotted permissible area of 90 ordinary acres each to the landowners Devi Lal and Nathu Ram. Later on with the directions of the Financial Commissioner Haryana, the Collector, Surplus Area, Sirsa allowed 60 ordinary acres each as permissible area to the landowners vide his order dated 14.5.1962. Devi Lal and Nathu Ram appealed against this order to the Commissioner, who vide his order dated 27.12.1962 dismissed the appeals. However, the allotment order to the re-settled tenants was issued only on 27.2.1982 by the Allotment Authority, Dabwali. Nathu Ram appealed against the allotment and the Collector, Sirsa on 30.9.1987 dismissed the appeal. Nathu Ram and others filed civil suits in the Court of Sub Judge, Mandi Dabwali who dismissed the same on 17.9.1988. However, the Additional District Judge, Sirsa on 25.3.1989 accepted the appeal of Nathu Ram and others and quashed both the Collector's order in the surplus case dated 20.5.1962 and the order of the Allotment Authority, Dabwali dated 27.2.1982. The present respondents then sought leave of the High Court to file an appeal against the order of the Additional District Judge but the High Court on 12.2.1990 declined to grant permission for filing the appeal and observed that they could file an independent suit for determination of their claim if they so desired. The Collector, Surplus Area, Dabwali, after obtaining the permission for review from the Commissioner, Hisar Division allotted 60 ordinary acres each to the landowners as permissible area and declared 8.18 ordinary acres each as surplus area vide order dated 20.9.1995. The present respondents preferred an appeal before the Commissioner, Hisar Division who vide his order dated 8.4.1999 remanded the case back to the Collector for redecision only on this ground that all the interested parties had not been heard.

(3.) THE counsel for the respondents submitted that both Nathu Ram and Devi Lal, big landowners, filed appeals before the Commissioner, Ambala Division against the Collector's order dated 14.5.1962 but their appeals were dismissed by the Commissioner on 27.12.1962, thus the order of the Collector, Surplus Area merged with the order of the Commissioner, Ambala Division which has not been challenged till date in any Court. The order of the Allotment Authority, dated 27.2.1982 was challenged by Nathu Ram before the Collector who dismissed the same on 30.9.1987, thus the surplus proceedings became final for an purposes. Although the Civil Court under Section 26 was not having any jurisdiction to entertain suit concerning surplus area, Nathu Ram and others filed a civil suit at Dabwali but the Sub Judge dismissed the suit on 17.9.1988. However, the Additional District Judge, Sirsa accepted the appeal on 15.3.1989 setting aside the orders dated 14.5.1962 (determination of permissible area) and 27.2.1982 (allotment order). On the basis of the order of the Additional District Judge, Sirsa Nathu Ram and others moved the Collector, Dabwali for redecision of the surplus area case, orders for which were passed on 20.9.1995 by the Collector, Dabwali without giving any notice to the resettled and old tenants. Some of them filed an appeal against the order of the Collector dated 20.9.1995 before the Commissioner, Hisar Division, who accepted the appeal on 4.8.1999 and remanded the case for re-decision after hearing all the parties. The respondents who have been settled/resettled on the previously declared surplus area would definitely be affected by the order of the Collector dated 20.9.1995.