SHIV NARAIN AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The following facts are not in dispute in this petition under Articles 226 and 227 of the Constitution of India.

(2.) Dharam Singh, predecessor-in-interest of the present petitioners and his brother Chatra who were co-owners were held to be big landowners by the Collector vide his order dated 29th November, 1959, Annexure P-1 and an area measuring 23.10 Standard Acres was declared to be surplus in their hands under the provisions of Punjab Security of Land Tenures Act. On 8th January, 1970 petitioner Nos. 1 to 4 filed a civil suit against Dharam Singh and succeeded in obtaining a declaration to the effect that they were the owners of 4/5th share of Dharam Singh's land measuring 471 kanals 4 Marlas in all. This decree was granted on a concession/consent given by Dharam Singh deceased on 2nd February, 1970 and its copy is Annexure P.3. Dharam Singh died on 20th May, 1978 and mutation regarding his succession was attested in favour of all the 12 petitioners on 24th July, 1980 and its copy is Annexure P.4.

(3.) The Haryana Ceiling on Land Holdings Act, 1972 (for short, the Act) came into force with effect from 23rd December, 1972. The provisions of this Act were made effective for all intents and purposes with effect from the appointed day, that is, 24th January, 1971. Section 12(3) of the Act lays down that the area declared surplus in the hands of a landowner under the Punjab Law, i.e. Punjab Security of Land Tenures Act, 1953 and the Pepsu Law, i.e. the Pepsu Tenancy and Agricultural Lands Act, 1955 shall be deemed to have vested in the State Government with effect from the appointed day. This sub- section was brought on the statute book by the Amending Act (17 of 1976) and was made operative with effect from 23rd December, 1972 as has been interpreted by a Full Bench of this Court reported as Jaswant Kaur and another v. State of Haryana and another, 1977 PunLJ 230.