RAJBIR KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) KANWAR Girinder Singh of Charkhi Dadri, District Bhiwani, was declared to be a big land-owner and the land in his hands was declared surplus by the order dated 7-91972. The aforesaid order was set aside in Civil Writ Petition No. 3982 of 1972 decided on 29-5-1973 by M. R. Sharma, J. , and ft was ordered that petitioner were to be heard for determination of the surplus area afresh in accordance with law. The S. D. O. (Civil), Charkhi Dadri looked into the matter and considerable land was declared surplus by his order dated 30-11-1976.

(2.) THE aforesaid order alleged to have been passed by the prescribed authority-cum-S D. O (Civil), Charkhi Dadri has been challenged by means of the present writ petition and it has been alleged that the purpose of the directions of this Court was that the procedure contemplated in Section 32-D of the Pepsu Tenancy and Agricultural Lands Act, 1955 was to be followed and a draft statement was to be served and objections were to be heard and thereafter an appropriate order was to be passed. There was also a requirement that the order was to be published in the official gazette. However, nothing of this kind was done and instead the 'prescribed authority' acted under the Haryana Act and the impugned order dated 30-11-1976 is a nonest and contrary to the directions of this Court and was not in accordance with the provisions of the Pepsu Tenancy and ' Agricultural Lands Act, 1955.

(3.) IN reply to this petition it has been averred that draft statement was not prepared and no notification was published under Section 6. It has also been mentioned that though designation of the S. D. O. (Civil) has been mentioned as the 'prescribed authority' under the Haryana Act but this was merely an irregularity.