ARJAN SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India for quashing of order dated 08.04.1993 (Annexure P/7) passed by respondent No.3 - Commissioner, Ambala Division, Ambala and order dated 04.08.1995 (Annexure P/8) passed by respondent No. 2 - Financial Commissioner, Haryana, under the provisions of the Haryana Ceiling on Land Holdings Act, 1972 (hereinafter referred to as the Act) and Haryana Utilization of Surplus and Other Area Scheme, 1976 (hereinafter referred to as the Scheme).

(2.) Brief facts of the case are that an area measuring 1071 kanals 12 marlas of category 'C' of a big landlord Rao Pirthi Singh was declared surplus vide order dated 24.08.1978 (Annexure P/1). Applications for allotment of surplus area were invited on 07.07.1979. However, the petitioner was not considered eligible for allotment on the ground that the petitioner is having some land. The petitioner challenged the orders rejecting his application for allotment of surplus land before the competent authorities and finally, the Financial Commissioner vide order dated 29.10.1982 (Annexure P/3) declared that the petitioner is a tenant.

(3.) That meanwhile, big landlord Rao Prithi Singh moved an application to cancel allotment of land in excess of the area declared surplus. It is pertinent to mention here that area measuring 1071 kanals 12 marlas was declared surplus, however, allotment of an area measuring 2676 kanals 18 marlas as mentioned in communication dated 19.07.1993 (Annexure P/2) was wrongly made. In pursuance of the application of big landlord Rao Prithi Singh, the Naib Tehsildar (Agrarian), Ambala, vide Annexure P/2 informed the Sub Divisional Officer that area measuring 2676 kanals and 18 marlas has been allotted.