MALKIAT SINGH Vs. STATE OF PUNJAB ETC

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution for impugning an order, dated 9th January, 1961, of the Collector (Agrarian), Bhatinda, and that of the Financial Commissioner (Revenue), Punjab, dated 26th April, 1963, whereby the revision-petition was dismissed.

(2.) The facts are these : Malkiat Singh petitioner owns 52.45 standard acres of agricultural land in the revenue estate of village Neur, Tehsil and District Bhatinda. In 1960, he was called upon by the Collector to file a return under Section 32-B of the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as the Act). In obedience to the requisition, the petitioner filed his return in Form VII-A of the Pepsu Tenancy and Agricultural Lands Rules, 1958. In the return, the petitioner claimed exemption of 10 standard acres on the ground that he would plant an orchard on it. He claimed exemption for another 10 standard acres on the ground that he would set up a sheep-breeding farm on it. The Collector made a reference to the Pepsu Land Commission for advice. The Commission negatived the claim of the petitioner. Thereupon, the Collector rejected the petitioner's claim to exemption and issued a draft statement in form VIII, which was served on the petitioner on 28th June, 1960. The petitioner, in consequence, did not file any objections. The draft statement was made final vide order dated 9th January, 1961, of the Collector and published in the Government Gazette under Section 32-D(6) of the Act, whereby land measuring 34.41 ordinary acres equivalent to 22.45 standard acres, comprised in Khasra Nos. 176 to 185, 218 min. 347 to 355, was declared surplus area with the petitioner and the same was ordered to vest in the State Government. Against this order, dated 9th January, 1961 (copy Annexure 'A') the petitioner went in revision before the Financial Commissioner, who upheld the order of the Collector and dismissed the revision petition per his order dated April 26, 1963 (copy Annexure 'C').

(3.) The aforesaid orders of the Collector and the Financial Commissioner have been impugned on various grounds, out of which only two have been pressed into service by the petitioner's counsel, Shri H.S. Wasu. These are :