DHARAM PAL AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have prayed for issuance of writ of certiorari, mandamus or any other appropriate writ, order or direction restraining the respondents from utilising the land in dispute as well as restraining them from entering mutation of the land in favour of the State.

(2.) Briefly put, Hardeva, father of petitioner Nos. 1 to 9 and husband of Shrimati Bhagwani, petitioner No. 10, owned and held land exceeding the permissible area under the provisions of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as 'the Act'). An area measuring 51 acres 131/2 units was declared surplus by Collector vide order dated 12.12.1959. There appears to be some shortfall on account of consolidation of holdings in the village as it is revealed by the order of the Collector dated 18.8.1966passed under section 24-(2) of the Act whereby only 39 acres 71/4 units was declared as surplus. Shri Hardeva transferred 4/5th of his holding to his four sons, namely, Sukhpal, Dharampal, Jai Prakash and Ram Rattan, vide mutation No. 733 dated 26.2.1955. Subsequently, in the year 1957-58, another son namely, Shiv Charan was born who filed a suit in the year 1977 against his brothers and other petitioners and so became owner to the extent of 1/5th share from their holdings. Hardeva died on 25.9.1978 and this way property owned and possessed by him was inherited by all the petitioners.

(3.) With a view to seek exclusion of land of which they had become owners on the basis of mutation dated 26.2.1955 Sarvshri Dharampal, Sukhpal, Jai Parkash and Ram Rattan filed application under section 8 of the Haryana Ceiling on Land Holdings Act, 1972, on 27.4.1977 claiming therein the benefit regarding the transfers made by their father before 30th July, 1958. This matter came up for consideration before the Prescribed Authority/Allotment Authority, Gohana, who granted necessary exemptions as permissible in terms of section 8(1) of the Haryana Ceiling on Land Holdings Act, 1972 i.e. area to the extent of 4/5th share of the area declared surplus was ordered to be excluded. Resultantly, the allotment Authority vide order dated 9.10.1979, Annexure P-1, declared only 86 kanals and 17 marlas (7 standard acres 13-3/4 units) surplus. It is this order of respondent No. 2 which has been challenged by the petitioner on the ground that the same is contrary to the provisions of Section 8 of the Haryana Ceiling on Land Holdings Act, 1972 and instructions dated 29.10.1976 issued by the State Government.