RAM SARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners claim themselves to be bonafide purchasers for consideration. As per the petitioners, no notice was served upon them while allotting this land to the respondents, which they had purchased. The petitioners accordingly have filed revision on 1.8.2011 under Section 18(6) of the Haryana Ceiling on Land Holdings Act, 1972 (for short "Haryana Act") for excluding their land in dispute from surplus pool. This petition came up for hearing on 17.8.2011 and was admitted. Status-quo in regard to possession was directed to be maintained. The arguments were finally heard on 5.9.2012 when the Financial Commissioner has directed the petitioners to approach the Collector. This is stated to be without appreciating the fact that the allotment of the land had already been set-aside in the year 1984 and only Financial Commissioner could grant relief as was sought in the revision in exercise of suo-motu powers under Section 18(6) of the Haryana Act. The petitioners accordingly have approached this court through the present writ petition.

(2.) The facts, in brief, are that Bihari Lal and Gopi sons of Shera were the big landowners. The surplus area cases of these two landowners were decided by Collector Surplus Area, Sirsa on 7.9.1961. Commissioner had remanded the case and eventually the land at the hands of these big landowners was declared surplus on 16.11.1962. It is alleged that both the landowners had a third brother, named, Ram Chand, who was not the big landowner. It is accordingly alleged that their land holdings were required to be separated under Section 24-A of the Punjab Security of Land Tenures Act, 1953 (for short "Punjab Act"). The shares of the said landowners, however, were not separated and remained joint. It is alleged that the land continued to be recorded as joint ownership of the aforesaid landowners.

(3.) Landowner Gopi sold 27 kanals and 12 marlas in favour of the petitioners out of his holding vide registered sale deed dated 15.1.1993. The petitioners claim to have been delivered possession of the land Rect.No.41, Killa No.18/2, 23/2, 24, 25 and Rect.No.40, Killa No.21. It was specifically mentioned in the sale deed that the land was free from all encumbrances and litigation. The mutation of the land so purchased was sanctioned on 11.8.1973 in favour of the petitioners and they were recorded as owners in possession of this land in jamabandi for the year 1975-76 and latest jamabandi for the year 2006-07.