DES RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a writ petition under Articles 226/227 of the Constitution for issuance of an appropriate writ, direction or order after quashing the orders, dated June 19, 1968 (Annexure 'S'), of the Financial Commissioner confirming the order dated January 16, 1968 of the Commissioner (Annexure 'Q'), by which the appeal of the petitioner against the order, dated April 29, 1967, of the Collector (Annexure 'O') was dismissed.

(2.) Des Ram, petitioner, and his brother, Jai Lal, jointly owned land in the revenue estates of Jhajjar and Jondhi in Tehsil Jhajjar, District Rohtak, at the commencement of the Punjab Security of Land Tenures Act, 1953 (hereinafter called the Act). Before 30th July, 1958, the petitioner and his brother, Jai Lal, sold several parcels of their lands in the aforesaid villages in the years 1953, 1955, 1956, 1957 and 1958 by registered deeds and mutations were attested in favour of the vendees.

(3.) The writ petitioner did not reserve any area for his personal cultivation in 1953. According to the allegations in the writ petition, however, Des Ram jointly with his brother Jai Lal, had selected 46 standard acres and 14-3/4 units in village Jhajjar and 12 standard 1-3/4 units in village Jondhi, total 59 standards 1-1/2 units by submitting Forms 'A1' and 'E' on June 19, 1958 as required by the amended provision of the Act. The details of these field numbers allegedly selected by the petitioner and his brother, are given in Annexure 'B' (This allegation in the writ petition, however, has not been admitted in the return filed by the State wherein it is alleged that the two brothers had jointly selected only 25 ordinary acres in village Jhajjar and 61 acres in village Jondhi).