ANGREJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have filed this Writ Petition for issuance of a writ of certiorari, mandamus or any other appropriate writ, order or direction for quashing the order passed by respondent Nos. 1 and 2 vide which land in dispute which is in their possession has been allotted to respondent Nos. 8 to 12.

(2.) The case of the petitioners is that they are in cultivating possession of the land as tenants at will on payment of 1/3rd batai under respondent Nos. 3 to 7 who owned area beyond permissible limit in terms of the provisions of the Punjab Security of Land Tenures Act, 1953 (for short "the Act") since the year 1950-51. It is further the case of the petitioners that the area with them as owners as well as tenants at will is less than the permissible area under the Haryana Ceiling on Land Holdings Act, 1972, and so they are entitled to retain possession of the area, subject-matter of this petition, and the same is not liable to be utilised under the Utilisation of Surplus Area Scheme by the State of Government. It is also the case of the petitioners that they had no notice of the allotment, if any, made in favour of respondent Nos. 8 to 12 and, in fact, learnt about the same on 8 to 12 and, in fact, learnt about the same on 16.5.1980 when proclamation by beat of drum was made in village Khokhar through Chowkidar of the village to the effect that the land, subject-matter of this writ petition, would be allotted to respondent Nos. 8 to 12 and possession would be delivered to them as well. Thus, with a view to get rid of the step initiated by the respondent-State to put respondent Nos. 8 to 12 in possession of the land now in cultivating possession of the petitioners, they have approached this Court by means of the present writ petition.

(3.) This writ petition was admitted on September 20, 1980. The Additional Advocate General, Haryana, stated at the bar that the State of Haryana, has no interest in the matter and perhaps for this reason no written statement has been filed by respondent Nos. 1 to 2. Even out of the allottees, namely respondent Nos. 8 to 12, one Jugg Singh, respondent No. 9, has put in appearance and has filed written statement on 10.8.1992. According to the contesting respondent, land measuring 31 kanals 2 marlas was allotted to him by the allotment authorities on 16.5.1980.