KEHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this petition under Article 226 of the Constitution of India, the declaration of 10 standard acres and 4-1/2 units of land in the hands of Kehar Singh as surplus under the provisions of the Punjab Security of Land Tenures Act, 1953 is impugned.

(2.) During the pendency of this petition, Kehar Singh land owner has died leaving behind a number of successors who are already on record. In the light of this, it is not disputed that the succession having opened before the utilization of the area (admittedly the possession of the land in question was still with the deceased till the time of death) in question, the proceedings have to be taken afresh to determine the surplus area in the hands of the successors of Kehar Singh deceased.

(3.) Thus keeping in view the above-noted facts and legal position, the petition is allowed and the impugned orders are set aside. The case is sent back to the Collector for decision afresh in accordance with law and the observations made above. The petitioners through their counsel are directed to appear before the Collector on February 23, 1982.