BARSALA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RULDU Singh respondent was a big land owner. He did not file any return in Form VII-A as required by Section 32-B of the Pepsu Tenancy and Agricultural Lands Act, 1955 (for short the Pepsu Act). The case was taken up by the Collector, Agrarian who by his order dated 9.1.1961 declared 13.19 standard acres as surplus in the hands of Ruldu Singh. Smt. Chand Kaur, Parsin Kaur and Chetan Kaur widows of Gandha Singh father of Ruldu challenged the order passed by the Collector. Their appeal was dismissed on 1.1.1963. Thereafter, they filed a revision petition before the Financial Commissioner which too was dismissed on 24.4.1963. The Financial Commissioner while dismissing the petition made the following observations :-

(2.) IN pursuance to the directions issued by the learned Single Judge, the Collector, Agrarian decided the surplus area case of Ruldu Singh afresh after affording an opportunity of hearing to all concerned and by order dated 10.4.1974 rejected the claim of the three widows and declared 13.19 standard acres as surplus in the hands of Ruldu Singh as was earlier declared by him. It may be mentioned that Ruldu Singh had gifted 157 kanals 7 marlas of his land (hereinafter referred to as the gifted land) in favour of Barsala Singh son of Sunder Singh by a registered gift deed dated 11.5.1970. Barsala Singh was also shown as a tenant under Ruldu Singh. Since the gifted land was included in the surplus area declared in the hands of Ruldu Singh, Barsala Singh felt aggrieved by the order dated 10.4.1974. He filed an appeal before the Commissioner, Ferozepur Division who remanded the case for a fresh decision with a direction that the claim of the three widows shall not be reopened. The Collector, Agrarian recorded the statements of some of the witnesses and rejected the claim of Barsala Singh by order dated 13.7.1977. Still not satisfied, he preferred an appeal before the Commissioner who too by his order dated July 28, 1982 dismissed the same. It is against these orders that the present petition has been filed under Article 226 of the Constitution.

(3.) IN the result, the writ petition is allowed, the impugned orders dated 13.7.1977 and 28.7.1982 are set aside and the case is remanded to the Collector, Agrarian, Rampura Phul to decide the surplus area case of Ruldu Singh respondent afresh in view of the observations made herein above. Parties through their counsel have been directed to appear before the Collector, Agrarian on January 27, 2003 for further proceedings. There is no order as to costs. Petition allowed.