CHHOTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have challenged the order of the Collector, Karnal dated August 31, 1960 declaring that land measuring 158 Kanals 9 Marlas was surplus with petitioner No. 1, in this petition under Articles 226/227 of the Constitution.

(2.) Petitioners No. 2 to 6 are the sons of Petitioner No. 1. It is stated in the Petition that Petitioner no. 1 was summoned by Collector, Karnal on August 31, 1960; that his signatures were obtained on a statement prepared by an official and order was passed declaring that land measuring 158 Kanals 9 Marlas was surplus with him; that the Patwari Halqa prepared a statement fully verified by the Naib Tehsildar on June 6, 1960 giving a list of the land to be declared surplus with petitioner No. 1; that petitioner No. 1 moved application dated June 4, 1964 before the Collector pleading that land measuring 11.2 standard acres was wrongly declared as surplus with him; that the Collector found that land measuring 11.2 standard acres had been wrongly declared surplus and in fact Petitioner No. 1 had only 9.4 standard acres of land as surplus with him. He, however, declined to review the order dated August 31, 1960.

(3.) The writ petition came up for motion hearing on August 14, 1980 and the Motion Bench passed the following order :-