BALWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner prays for issuance of a writ of certiorari quashing orders dated 21.12.1976 (Annexure P2) and 24.02.1983 (Annexure P3), passed by the Collector, Agrarian, Fazilka and orders dated 25.11.1991 (Annexure P5), 06.04.1993 (Annexure P10) and 27.11.1998 (Annexure P13), passed by the Special Collector, Agrarian, Ferozepur, Commissioner, Ferozepur Division, Ferozepur and the Financial Commissioner Appeals (I), Punjab, respectively. The present dispute pertains to land measuring 35 kanals 4 marlas of village karianwali, Tehsil Fazilka, District Ferozepur. On 19.08.1955, a registered deed of transfer was executed in favour of the petitioner and her sons, namely, Harpartap Singh and Harminder Singh by Shri Ajaib Singh, husband of the petitioner. Later on, Ajaib Singh suffered a decree dated 17.06.1958 in favour of the petitioner in respect of land measuring 269 kanals 17 marlas, including the land, in dispute and mutation No. 291 was sanctioned in favour of Smt. Balwinder Kaur on 18.08.1958. The Collector, Fazilka, vide order dated 23.01.1961, declared surplus area in the hands of Ajaib Singh under the Punjab Security of Land Tenures Act, 1953 (in short, 'the 1953 Act'). The order dated 23.01.1961 was set aside by the Commissioner, Jalandhar Division, Jalandhar, vide order dated 22.05.1961 and the matter was remanded for decision afresh. The Collector, Fazilka passed fresh order declaring surplus area of Ajaib Singh on 30.10.1961. The appeal filed against the order of the Collector was dismissed by the Commissioner, Jalandhar Division, Jalandhar on 24.07.1962. The orders declaring surplus area were set aside by this Court on 05.09.1969 in Civil Writ Petition No. 1847 of 1961 and the matter was remanded for decision afresh. The Collector, Agrarian, Fazilka, vide order dated 10.12.1970 (Annexure PI) declared 21 standard acres 13 units as surplus area in the hands of Ajaib Singh which also included land measuring 35 kanals 4 marlas, in dispute.

(2.) After commencement of the Punjab Land Reforms Act, 1972 (in short 'the 1972 Act'), the Collector Agrarian, Fazilka, dealt with the surplus area case of Ajaib Singh and passed order dated 21.12.1976 (Annexure P2). The Collector, Fazilka, passed order dated 24.02.1983 (Annexure P3) to take over possession of the land, in dispute, thereafter, the Special Collector, Fazilka passed order dated 22.10.1990 (Annexure P4) for issuance of warrants of possession to take over the possession of the land in question. Subsequent thereto, the Special Collector, Agrarian, Ferozepur, passed order dated 25.11.1991 (Annexure P5), whereby the land, in dispute, was allotted in favour of Lekh Ram son of Rugha Ram (respondent No. 6 herein). The petitioner challenged the orders dated 24.02.1983 (Annexure P3) and 25.11.1991 (Annexure P5) in appeal, which was dismissed by the Commissioner, Ferozepur Division, Ferozepur, vide order dated 06.04.1993 (Annexure P10). The revision petition preferred by the petitioner also met the same fate, vide order dated 27.11.1998 (Annexure P13), passed by the Financial Commissioner Appeals (I), Punjab.

(3.) Counsel for the petitioner has assailed order qua surplus area of Ajaib Singh, passed by the Collector, Agrarian, Fazilka on 21.12.1976 on the premise that area of Ajaib Singh which was declared surplus, vide order dated 10.12.1970, prior to the enforcement of the 1972 Act, was not taken into consideration. It is argued that as the possession of the area declared surplus under the 1953 Act was not taken over by the State prior to commencement of the 1972 Act, the same was required to be taken into account for deciding surplus area of Ajaib Singh under the 1972 Act. In support of his contention, he has placed reliance upon Full Bench judgment of this Court in 'Ranjit Ram v. The Financial Commissioner Revenue, Punjab and others , 1981 PunLJ 259 and Ujjagar Singh (dead) by L.Rs. v. The Collector Bhatinda and another , 1996 3 RCR(Civ) 446. It is further submitted that two sons of Ajaib Singh were adult on 24.01.1971, 'the appointed day' under the 1972 Act and have not been given permissible area to the extent of 7 hectares of first quality each and they have been given lesser permissible area, vide order dated 21.12.1976. According to counsel, Hardavinder Singh, third son of Ajaib Singh, born on 09.10.1963, attained majority on 09.10.1981 before commencement of the proceedings to take over possession in respect of surplus area of Ajaib Singh and, therefore, Hardavinder Singh also become entitled to his separate permissible area of 7 hectares, who does not own or hold any land.