SULTAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ram Dhan son of Ram Singh, predecessor-in- interest of the petitioner owned about 99.31 standard acres of land situated in village Salwan, Tehsil and District Karnal on 15.4.1953, when the Punjab Security of Land Tenures Act, 1953, came into force. It is an admitted case of the parties that vide order dated 26.8.1960 of the Collector, land measuring 57.13 standard acres of Ram Dhan was declared surplus but at that time consolidation proceedings in the village were in progress. After completion of those proceedings, 56.62 standard acres of land was declared surplus by the Collector vide order dated 9-2-1960 (Annexure P-2).

(2.) In the return, it is averred that only 50 Kanals 7 Marlas out of the total surplus land was utilized during the life time of Ram Dhan. Said Ram Dhan died issueless on 21.11.1971 and the petitioners contend themselves to be his legal heirs. The sole ground of the petitioners in this writ petition is that since no notice for selecting permissible area in Form 'F' of Punjab Security of Land Tenures Act was given to Ram Dhan and that he was not duly represented at the time of passing the order, the above referred orders are illegal. In the alternative, it is maintained that the unutilized surplus area of Ram Dhan would be exempted after his death on 21.11.1971, this area was inherited by the petitioners.

(3.) In the return, it is maintained that Udhey Singh, real brother of Ram Dban was present at the time of passing the original orders declaring the surplus area and that he has exercised the option for reserving the permissible area on behalf of his brother Rain Dhan, as provided in the Act and Form 'F' and that the ownership of the land of Ram Dhan, which stood already declared surplus during his life-time would vest in the State Government and the provisions of Section 12(3) of the Haryana Ceiling on Land Holdings Act, 1972 would not have any effect in terms of section 8(1) of the said Act.