SAMPURAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition is directed against the order of the Financial Commissioner, Haryana, whereby surplus case of Sampuran Singh, petitioner, was remanded to the Prescribed Authority for fresh decision regarding correct evaluation of the land.

(2.) In brief, the facts are that the Prescribed Authority, Tohana, district Hisar, decided the surplus case of the petitioner and declared land measuring 836.68 kanals as surplus area. Petitioner preferred an appeal before the Collector which was rejected by the Additional Collector on 30th April, 1982. Against the said order, petitioner filed revision before the Commissioner, which too was dismissed. Thereafter, petitioner filed a petition under section 8 of the Haryana Ceiling on Land Holding Act, before the Financial Commissioner which by the impugned order was accepted only to the extent that the Prescribed Authority would give a fresh decision regarding correct evaluation of the land based on the fact that at the time of declaration of permissible area, there was only one tubewell and not two tubewells. The order of the Financial Commissioner is being challenged in the present writ petition.

(3.) Counsel for the petitioner has brought to my notice that the land owner, namely Sampuran Singh, petitioner has since died and, therefore, entire surplus case will have to be re-determined because the land which was declared surplus, remained in possession of the land owner and was not utilised by the State. Counsel has also brought to my notice that the land-owner had brought on record the evidence that only a small area was Nehri and rest of the land was Barani, and the evaluation was not correctly made as the entire land was taken to be Nehri.