JAGIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Articles 226/227 of the Constitution. It arises out of these facts :-

(2.) As regards the first ground, it may be noted that para 4 of the Scheme requires that an application by a tenant for allotment of land out of the surplus area must be given within two months of the date of publication of the Scheme in the official Gazette or within such extended period as may be allowed by the Prescribed Authority. The Scheme was published on August 4, 1960. As is apparent from the impugned order, the application by Bhag Singh and Prem Singh, respondents, for allotment of land was made on December 22, 1970, i.e. more than 10 years after the publication of the Scheme in the Gazette. It was, therefore, obligatory for the Prescribed Authority to give reasons for condoning this delay and extending the period of two months limitation prescribed in para 4.

(3.) Mr. R.K. Chhiber, learned counsel for the petitioner, however, contends that reason for ex3tending the limitation has been given in the impugned order by the Prescribed Authority and that this Court in these special proceedings should accept the same as a good reason for extending the limitation and should not interfere with that discretion of the prescribed authority.