BHAGWANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have challenged the order of Financial Commissioner, Haryana, Chandigarh, dated October 15,1980, dismissing their revision - petition, against the order of the Prescribed Authority dated September 22, 1978, in this petition under Article 226/227 of the Constitution of India.

(2.) Facts First. Smt. Ram Piari was a big landowner. She gifted 5/6th share of her total holding under gift deed dated-May 10, 1956 in favour of her five daughters. Her surplus area case was decided on April 22,1960. The, land gifted by her to her daughters was included in her total holding. The petitioners who are donees from Smt. Ram Piari continued in possession of the land gifted to them till the commencement of the Haryana Ceiling on Land Holdings Act, 1972 (in short the Act). They moved a petition under section 8 of the Act before the Prescribed Authority for excluding the land gifted to them, from the total holding of the landowner. The Prescribed Authority only allowed exclusion from the total holding of the landowner to the extent of 2/3rd share and not to the extent to entire land. gifted by landowner in favour of her five daughters.

(3.) The petitioners aggrieved against the order or the Prescribed Authority challenged the same in revision before the Financial Commissioner. The revision petition was dismissed primarily on the ground that the same was barred by time.