SAWARAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The surplus area in the hands of Sajjan Singh who was a big landowner was declared on 11.9.1959 under the provisions of the Punjab Security Land Tenures Act, 1953 (hereinafter called the Act). It appears that consolidation proceedings took place thereafter and vide order dated 22.11.1968 appended as Annexure P.1 to the petition, the surplus area in the hands of Sajjan Singh was separated under Sec. 24 (a) of the Act. An appeal against the order Annexure PA was preferred by the petitioner and his brothers the sons of Sajjan Singh praying that some of the land that had been declared surplus had been transferred to their ownership by virtue of a decree of a civil Court and as such they were entitled to a notice before that land was declared surplus. This appeal was dismissed by -the Commissioner, Ferozepur Division vide orders dated 31.1.1978, Annexure P-2 to the petition holding that it had not been proved on record that the petitioner and his brothers had become the owners of the land in question prior to the year 1959 when the surplus area case of Sajjan Singh was decided. It was also found that Harchand Singh one of the appellants before him knew about the proceedings taken on 22.11.1968 which were taken under Sec. 24 (a) of the Act for the separation of the surplus area from the permissible area. The appellants aggrieved by the order Annexure P-2 filed a revision before the Financial Commissioner, Revenue, Punjab who dismissed the same vide his order dated 20.10.1978 Annexure P.3 to the petition. Aggrieved by the orders Annexures P.2 an P.3, the present petition has been filed.

(2.) Mr. R.S. Amol, counsel for the petitioner has, urged that in view of the Full Bench decision of this Court in Harnek Singh and another Vs. The State of Punjab and others, 1971 P.L.J., 727, it was incumbent on the Collector to issue a notice to -the petitioner and his brothers who had become owners of the land in question by virtue of a civil Court decree before declaring the surplus area in the hands of Sajjan Singh. He has also stated at the bar that Sajjan Singh, father of the petitioner, died several years ago and as such the land was to be re-assessed in the hands of his sons, in view of the decision of this Court in Ranjit Ram Vs. Financial Commissioner, Revenue, Punjab, 1981. R.L.R. 566.

(3.) In the written statement filed it has been admitted by the respondents that the petitioner had obtained a decree dated 21st June, 1958 from a civil Court in his favour but the non-issue of a notice to the petitioner has been justified by stating that the land was to be assessed on the appointed dated, 15.4.1953 in the hands of Sajjan Singh. It has also been stated that as the surplus area was declared in the hands of Sajjan Singh in 1959 the matter could not be reopened after a span of 22 years.