LAL SINGH Vs. COLLECTOR, AGRARIAN, FATEHABAD

JUDGEMENT

(1.) The petitioner challenged the order of January 9, 1976, passed by the Collector, Agrarian, Fatehabad, in his surplus area case before the Financial Commissioner, who vide his order of June 6, 1980, remanded the case to the Collector with the direction that if after ascertaining the factual position he comes to the conclusion that the land which has been under the occupation of the petitioner-tenant since around 1956- 57 was banjar qadim on 15.4.1973, then he should exclude the petitioner's land from the permissible area of respondent No. 1. If, however, the Collector (Agrarian) has already, after remand, decided the surplus area case of respondent No. 1, then he is directed to review the order passed by him in the right of the observations contained in this order after, of course, giving all the interested parties an opportunity of being heard. All the parties were directed to appear before the Collector (Agrarian) Fatehabad on 21.7.1980.

(2.) The grouse of the petitioner in this petition is that after remand the Collector (Agrarian) has not decided the case till date and taking benefit of this, respondent No. 2 was pressurising the petitioner through applications to give one-third batai for various crops. The prayer in this petition is that the Collector (Agrarian) be directed to decide the surplus area case without further delay.

(3.) Mr. Sanjay Majithia, learned counsel for the respondents, in all fairness has conceded that the requisite direction be issued to the Collector Agrarian).