(1.) The petitioners have moved this Court for a direction that their surplus area be redetermined under the provisions of Haryana Ceiling on Land Holdings Act, 1972, in this petition under Articles 226/227 of the Constitution of India.
(2.) Petitioners' father owned and possessed land measuring 127.53 ordinary acres on April 15, 1953. As a result of consolidations of holding, there was an increase in his total holdings by 12.68 ordinary acres. Thus, the petitioners' father total holdings were to the tune of 140.41 ordinary acres. He transferred the land to the petitioners under a family settlement t in the year 1968 and a decree to that effect was got from a Civil Court. Collector, Surplus Area, Sirsa, vide his order dated October 30, 1961, passed under Rule 6(6) of the Punjab Security of Land Tenures Rules, 1956 (for short, the Rules), declaring 79.15 ordinary acres of land as surplus leaving 60 ordinary acres of land as his permissible. The petitioners remained in possession of the land which was given to them by their father under a family settlement. They were not dispossess and the land had not vested in the State under the provisions of the Haryana Ceiling on Land Holdings Act. Apprehending their dispossession, the petitioners moved this Court in a writ petition filed on July 15, 1981. This Court while issuing notice of motion stayed their dispossession vide order dated July 16, 1981.
(3.) The writ petition was ultimately admitted to hearing and the ad interim order staying dispossession of the petitioners was maintained. The petitioners are still in possession of the land which was allegedly declared surplus under the provisions of he Punjab Security of Land Tenures Act.