STATE OF HARYANA Vs. BIRSALA

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 30.9.1992 of the learned Single Judge allowing C.W.P. No. 3020 of 1980 filed by the respondents for quashing order dated 21.7.1980 passed by Sub Divisional officer (Civil), Narwana for allotment of their surplus area to eligible persons.

(2.) THE facts : By an order dated 27.4.1961, the Collector, Agrarian, Sonepat determined the surplus area case of petitioner No. 1 under Pepsu Tenancy and Agricultural Land Act, 1953 and held that he had surplus area to the tune of 12 Standard Acres. Petitioner No. 1 did not challenge that order, but after a gap of 11 years, he filed an application for re-consideration of that order. The same was rejected by the Collector vide his order dated 15.6.1972. Appeal filed against that order was dismissed by Commissioner, Hisar Division, Hisar vide his order dated 19.8.1974 and revision filed by petitioner No. 1 was dismissed by Financial Commissioner, Haryana vide order dated 29.9.1975 (Annexure R.2). Thereafter, by an order dated 21.7.1980, Sub Divisional Officer (Civil), Narwana allotted the surplus land of the petitioners to the eligible persons. The respondents challenged orders dated 27.5.1961 and 21.7.1980 in C.W.P. No. 3020 of 1991 which was allowed by the learned Single Judge with the following observations :

(3.) SHRI R.S. Mittal could not put forward any tangible argument to support the order under challenge.