CHET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Letters Patent Appeal arises out of the judgment of the learned Single judge dated march 2, 1967. from which a writ petition under Article 226 of the constitution has been dismissed which was filed challenging the order of the financial Commissioner, dated May 24, 1963, under the Pepsu Tenancy and agricultural Lands Act, 1955, (hereinafter referred to as 'the Act ).

(2.) THE facts which have given rise to the appeal are that Chet Singh was displaced person from Bahawalpur State in West Pakistan who also owned land measuring 42. 79 standard acres in village Ajit Gill tehsil Faridkot, District Bhatinda. He in lieu of his land left in Bahawalpur state was allotted 23. 28 standard acres of land in the same village. Subsequently, it was found that the land allotted to him was in excess to the extent of 7. 14 standard acres and he was not entitled to the same. Consequently, the Managing Officer cancelled the allotment of land to the extent of 7. 14 standard acres. Chet singh, however, was allowed to retain the excess land which was allotted to him on payment of Rs. 5315. 62 paise. He by means of two sale deeds, dated January 18, 1958. and January 28, 1958. sold his total land measuring 42. 79 standard acres which was his original holding in the village to his grandsons Harpal Singh and Avtar Singh sons of Zora Singh and Mohinder Singh, joginder Singh and Jagtar Singh alias Bhupinder Singh sons of Gurdip Singh. After the said sale, he acquired the ownership rights in 7. 14 standard acres on september 23, 1958. On October 10, 1958, the full proprietorship rights in the land measuring 16. 14 standard acres were conferred on Chet Singh.

(3.) THE proceedings for determination of surplus area under the Act were started by the Collector (Agrarian) Faridkot who allowed him 30 standard acres as his permissible area and declared 36. 07 standard acres as surplus. An appeal was filed to the commissioner who dismissed the same. A revision petition was filed t the Financial Commissioner against the order of the commissioner which was also dismissed by him on May 24, 1963. A writ petition was filed in this Court for quashing the orders of the Revenue Authorities which was dismissed by the learned Single Judge on march 2, 1967. A letters Patent Appeal has been filed against this judgment of the learned Single Judge.