JAGJIT SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jagjit Singh and his two sons Raghbir Singh and Randhir Singh have filed this writ petition under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari for quashing the order dated 13.2.1974 (Annexure P.1) passed by Collector, Jagraon whereby he declared 11 Standard Acres and 15-3/4 Units of land in the hands of Jagjit Singh, petitioner as surplus under the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the 1953 Act) and for issuance of a writ of prohibition restraining the respondents from taking possession of the land in dispute.

(2.) Briefly stated, the facts of the case are that Jagjit Singh, petitioner owned 43 Standard Acres and 14-3/4 Units of land in village Ramgarh Sibian, Tehsil Jagraon, at the commencement of the 1953 Act. The surplus area case of the petitioner was decided by the Collector, Ludhiana on 23.7.1959. 20 Standard Acres of land were declared surplus. The petitioner filed an appeal against this order and the same was dismissed by the Commissioner, Jullundur Division on 28.9.1966. The petitioner filed a revision petition before the Financial Commissioner, Revenue, Punjab which was accepted by him by order dated 12.3.1968 and the case was remanded to the Collector for fresh decision inter alia on the ground that the transferees had not been heard and the banjar land had not been excluded from the assessable area of the landlord and that landowner's sons cultivated land as tenant-at-will at the commencement of the Act and the area under their cultivation may be left as tenant's permissible area.

(3.) After remand, the case was taken up by the Collector, Jagraon on 18th of January, 1974. Jagjit Singh petitioner filed an application before the Collector that his case should be decided in accordance with the Punjab Land Reforms Act, 1972 (hereinafter called 'the new Act') which had come into force on 24.3.1973. The main contention raised in the application was that Jagjit Singh, petitioner was entitled to select separate permissible area for each of his two sons who were adults. This application was not allowed and the Collector declared 11 Standard Acres and 15-3/4 Units of land as surplus in the hands of Jagjit Singh, petitioner by order dated 13.2.1974. It was held that the provisions of the 1953 Act were applicable and the provisions of the New Act were not attracted to the case. Jagjit Singh, petitioner filed an appeal against this order before the Commissioner, Patiala Division, which was dismissed on 30.4.1975.