AJIT SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Ajit Singh and Smt. Mohinder Kaur have filed this petition under Articles 226 and 227 of the Constitution of India, for the issuance of an appropriate writ, order or direction, quashing the orders of the Additional Commissioner and the Financial Commissioner, dated 6th March, 1964 and 24th November, 1964 (copies Annexures 'B' and 'C' to the petition respectively).

(2.) The facts on which there is no dispute are that the petitioners owned 106 Standard Acres and 10-1/4 Units of land on the 15th April, 1953, that out of that area, land measuring 43 Standard Acres and 14-1/2 Units was under garden, that the Collector vide his order dated the 14th March, 1961 exempted area measuring 43 Standard Acres and 14-1/2 Units being under orchard and further excluded 60 Standard Acres as permissible area and declared 2 Standard Acres and 11-1/2 Units as surplus area, and that the petitioners had sold some land to some persons before the proceedings for the declaration of the surplus area were initiated. Gurbux Singh and Harbans Singh transferees from the petitioners felt aggrieved from the order of the Collector and filed an appeal which was allowed by the learned Additional Commissioner, Jullundur Division, vide his order dated the 6th March, 1964, to the extent that the area measuring 37 Kanals and 10 Marlas which respondents 3 and 4 had purchased from the petitioners, would form part of permissible area of Ajit Singh petitioner. Dissatisfied from the order of the learned Additional Commissioner, the petitioners filed an appeal before the learned Financial Commissioner who upheld the order of the learned Additional Commissioner and on the objection of the State further held 37 kanals and 4 Marlas of land as surplus land out of 43 Standard Acres and 14-1/2 Units of land which had been exempted as an orchard. It is in these circumstances that the present petition has been filed by Ajit Singh and Smt. Mohinder Kaur calling in question the legality and propriety of the orders of the Additional Commissioner and the Financial Commissioner.

(3.) Written statement has been filed by Shri Amar Singh Under Secretary to Government, Punjab, Revenue Department, in which the material allegations made in the petition, have been controverted.