HANUWANT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The petitioner seeks a mandamus commanding the respondents to allow him to reserve his permissible area of the land as provided under the Punjab Land Reforms Act, 1972 before taking any action on the application for allotment/adjustment or conferment of any right P-right or akin to P-rights on the land measuring 7299 kanals situated in village Kapurgarh and other adjoining villages held by the petitioner before change of mutation in the name of Provincial Government.

(2.) The father of the petitioner was the ruler of erstwhile Nabha State. He was having huge property as his personal property besides the property of the State of Nabha. The Chief Executive Council statedly passed a resolution on 12/14.7.1948 deciding that the land in village Kapurgarh should be kept separate as personal property and not as the ruler's property (Government property). The Government of India, however, had taken over all the properties whether held in personal capacity or as head of the State. Feeling aggrieved against the same, the petitioner made representations for release of his personal property. Government of Punjab considered the matter and restored the agriculture land situated in villages Kapurgarh, Dhanola, Phul, Rajgarh, Attargarh and Chukgomli to the petitioner. The petitioner was conveyed this on 16.11.1968. The property was considered as personal property but was subjected to Land Reforms Laws as applicable. The land declared surplus was to be utilised as per the provisions of the Act.

(3.) Out of total land of 7299 kanals, land measuring 5951 kanals-13 marlas was being cultivated whereas rest of the land was banjar land. It is stated that some of the tenants were occupying 1600 kanals and on their own deposited a sum of Rs. 35780.