PRITAM DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition is directed against, the order dated 11.11.1993 (Annexure P -2) passed by Financial Commissioner, Haryana, exercising his powers under Section 18(6) of the Haryana Ceiling on Land Holdings Act, 1972 (for short 'the Act '), thereby remanding the matter back to prescribed authority, Narwana but for a limited purpose of identifying the permissible area of the samadh and treating the balance area as surplus. Facts first.

(2.) IT was held that since mutation of the land was sanctioned on 11.10.1961 in favour of Pritam Dass, Chandan Dass, Mollar, Banarsi Dass, Rameshwar and Chander Bhan in equal shares, they all were found to be small land owners. Thus, no land was found surplus in the hand of legal heirs of Shri Kahan Dass. No party felt aggrieved against this order dated 05.12.1983 (Annexure P -1).

(3.) NOTICE of motion was issued staying the dispossession and pursuant thereto written statement was filed on behalf of respondents No. 1, 2 and 3, controverting the allegations levelled by the petitioners. The case was admitted for regular hearing, vide order dated 18.08.1994. That is how, this Court is seized of the matter.