KULDIP SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The facts of this case are stated with clarity in the order of the Commissioner, Jullundur Division, a copy of which is annexure 'D' to the writ petition. The petitioner was a big landowner at the time of the commencement of the Punjab Security of Land Tenures Act, 1953 (hereinafter called the Act), and his land measuring 13 standard acres 10-15/32 units was declared surplus by order dated February 24, 1960. The appeal against that order was accepted by the Additional Commissioner, Jullundur Division, Jullundur, and the case was remanded for fresh decision. The Collector, Garh Shankar, after remand confirmed his previous order on December 10, 1964. The appeal filed against that order was dismissed by the Commissioner on February 9, 1966. That order became final as no revision was filed against it.

(2.) On May 18, 1966, the petitioner made an application praying that he should be given another opportunity to select his permissible area under Section 24-A of the Act on account of the fact that in village Kotla consolidation operations had taken place. That request was not acceded to by the Collector and the appeal against his order was dismissed by the Commissioner on June 7, 1967. Against the order of the Commissioner, the petitioner filed a revision petition which was partly accepted by the Financial Commissioner on October 31, 1967, and it was directed that the area already declared surplus would stand and the case would not be re-opened but the petitioner should be given an opportunity to get his surplus area redemarcated if his ownership had been changed due to consolidation operations. By order dated September 18, 1969, the Collector, Garh Shankar, held that 10 standard acres of land of the petitioner had already been utilized and the remaining area would be utilised for resettlement of eligible tenants. The appeal against that order was dismissed by the Commissioner on April 20, 1970.

(3.) On December 21, 1970, the petitioner filed a petition under Section 10-A of the Act read with rule 6 of the Supplementary Rules, 1956, for deletion of certain areas while calculating his permissible area. The first ground for the readjustment was that some area had been acquired by the State Government for the purposes of a drain and that area should be deleted from the total area of the petitioner. He also claimed that saunjidari areas ghair mumkin, banjar jadid and banjar qadim areas should also be left out of consideration. This petition was rejected by the Collector, Hoshiarpur, by order dated January 31, 1971, after obtaining a report from the Naib-Tehsildar (Agrarian), Hoshiarpur. The order of the Collector reads as under :