SWARAN SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS order be read in continuation of the reference that was made by one of us (V.K. Bali, J.) on 21st February, 1994 as the facts of the case and the reasons, why this bunch of writ petitions has been referred to a Larger Bench, have been given in the said order in sufficient details.

(2.) BY this order, we propose to decide four connected Civil Writ Petitions bearing Nos. 11706, 11724, 11725 and 11726 of 1990, as common questions of law and fact are involved in all these writ petitions. Learned counsel representing the parties also, suggest likewise. The facts stated in the reference order pertain to Civil Writ Petition No.11724 of 1990.

(3.) FACTS of the case aforesaid reveal that one Banarsi Das was a big landowner. An area of 137 kanals 8 marlas of land was declared as surplus under the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as 'the Act of 1953), Banarsi Das died on 12th January, 1971 leaving behind Smt, Dropati Devi (wife) and daughters as his heirs (hereinafter referred to as 'the landowners'), who inherited the property left by him, Since each of them got land which was less than 30 standard acres and since the land in question had not been utilised, they gave an application under Section 10A(b) of the Act of 1953 that their land may be taken out of the surplus pool. This application was filed before the Collector (Agrarian) on 4th July, 1972. During the course of the proceedings, the concerned revenue officials submitted report to the effect that on the surplus land of Banarsi Dass, no tenant had been re -settled. Consequently, S.D.O, (Civil) by his order dated 30th November, 1972 exempted the land held by the landowners for surplus pool. On a later date, they also made an application before the Collector for cancellation of the allotment made in favour of Mangat Ram on 13th July, 1976, the Collector cancelled the allotment made in favour of Mangat Ram on the ground that the land had not been utilised and had already been exempted from surplus pool as indicated by the S.D.O. in his order dated 30th November, 1972, This order was challenged in appeal by Mangat Ram before the Collector, who by his order dated 8th August, 1983 allowed the appeal and remanded the case to the Collector (Agrarian) for a fresh decision. The landowners then filed appeal before the Commissioner, which was dismissed, Revision carried out before learned Financial Commissioner against the order, aforesaid also met with the same fate. The proceedings after remand turned, in favour of Mangat Ram, as application of the landowners for releasing the land from surplus pool was rejected and the allotment order passed in favour of Mangat Ram was upheld, It was found by the Collector that an area of 40 kanals 16 marlas had already been allotted to Mangat Ram on 21st February, 1964 and possession over the allotted land was also delivered to him on 17th March, 1964, This judgment was challenged by the landowners before learned Commissioner and Financial Commissioner and ultimately before this Court but with no favourable result. Aggrieved, the landowners filed an appeal before the Hon'ble Supreme Court.