HARCHAND SINGH Vs. THE PUNJAB STATE AND ANR.

JUDGEMENT

(1.) THIS is a writ petition and the facts relevant for the disposal thereof are these: Harchand Singh Petitioner owned 200 standard acres and 2 units of land situate in the revenue estates of Babain and Haripura, district Karnal. The Collector, Karnal on receipt of form D duly completed by the Patwari, Qanungo and the Circle Revenue Officer in regard to the above land issued a notice for 13th December, 1960, to the Petitioner -owner to show cause against its correctness but before the Petitioner could appear in his Court on that day he passed on order (annexure 'A') declaring the entire land excepting 30 standard acres as surplus area. The Petitioner when he appeared before him was advised to file a review application against the said order which he did in due course. The Collector on this review application (annexure 'B') in his order dated 1st February, 1961 (annexure 'C') observed:

(2.) HARCHAND Singh Petitioner, in this petition under Article 226 of the Constitution has prayed for quashing of the aforesaid order on the grounds as below:

(3.) THE Punjab State and the Collector, the two Respondents, in their written statement admitted that 200 standard acres and 2 units of land stood in the Petitioner's name as landowner in the revenue records on 15th April, 1953, when the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act) came into force, that position of the land as stood on that date was to be taken into account while declaring the surplus area of the landowner, and that there were only two tenants who continuously had been shown in cultivating possession of 40 kanah of land which also was declared as surplus but classified as non -resum -able.