SANTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The facts giving rise to this writ petition may briefly be stated as under :-

(2.) Under Section 32-J of the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as the Act), the State Government was authorised, by notification, to formulate a scheme for the allotment of surplus area of land to tenants and "Workers". The scheme was formulated in the year 1960 known as the Utilisation of Surplus Area Scheme, 1960 (hereinafter referred to as the Scheme). Clause (h) of paragraph 2(1) of the Scheme defines 'worker' as a person -

(3.) By two orders dated the 3rd November, 1961, and the 30th December, 1961, (Annexures 'A' and 'A-1' to the writ petition), Santa Singh and Sadhu Singh sons of Sucha Singh, were allotted land as "workers" under the Scheme, becasue there was no 'tenant' available or coming forward to settle on this surplus land. Nearly two years thereafter, i.e. on the 23rd August, 1963, the Collector asked the Commissioner for leave to review the abovementioned two orders. The reason given was that Santa Singh and Sadhu Singh did not fall within the definition of 'Worker' because in the Khasra Girdawaris their separate cultivation was recorded only with effect from Kharif 1956 and that the Khasra Girdawaris for the years prior to the commencement of the Act did not record their separate cultivation as is required under sub-clause (iii) of clause (iii) of clause (h) of paragraph 2(1) of the Scheme, giving the definition of 'worker'. The Commissioner did not grant the request for review but sent the papers to the Financial Commissioner for the exercise of his revisionary powers under Section 32-J (4) of the Act. On the 28th June, 1964, the Financial Commissioner, purporting to Act under Section 39(3) of the Act, set aside the orders of 1961 and remanded the case for fresh decision. On the 13th November, 1964 the Prescribed Authority under the Act decided against Santa Singh and Sadhu Singh holding that there was no entry in the Khasra Girdawaris for the two years prior to the commecnement of the Act and that any mention in the Nehri Girdawaris was not enough. This order is Annexure 'D'. The appeal and the revision agaisnt this order were also dismissed vide Annexures 'F' and 'H', and hence this writ petition.