SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition filed under Articles 226/227 of the Constitution prays for quashing order dated 3.7.1962 passed by the Special Collector-II, Punjab, issuing a declaration that land measuring 8.09 standard acres belong to Sh. Rupinder Singh as surplus. The petitioner is a vendee of 36 bighas of land out of 8.09 acres of land that was declared surplus by the Special Collector. The revision filed by the petitioner after purchase of land challenging order dated 3.7.1962 was dismissed by the Commissioner, Patiala Division, Patiala on 31.10.1977 (Annexure P-2), which has also been made subject matter of challenge in the instant petition. Another revision filed before the Financial Commissioner was also dismissed being not maintainable on 3.3.1983 (Annexure P-3). The aforementioned order has also been challenged by the petitioner in this petition.

(2.) BRIEF facts of the case necessary for deciding the controversy raised in this petition are that Rupinder Singh s/o Amla Singh defendant-respondent No. 5 owned 2.98 standard acres of land, which was mortgaged with possession situated at village Fatehgarh Chhanan. He also owned 49.03 standard acres of land in village Dialgarh, Jejian, Tehsil Sunam, Distt. Sangrur, out of which 10.94 standard acres was mortgaged with possession by him and the remaining 38.09 acres was with the land owner. On 28.8.1958, the land owner filed a declaration under Rule 19(1) of the Pepsu Tenancy and Agricultural Lands Rules, 1958 (for brevity 'the Pepsu Rules') before the Naib Tehsildar, Agrarian, Sangrur. He claimed exemption in respect of 22 standard acres of land under Section 32-K of the Pepsu Tenancy and Agriculture Lands Act, 195 (for brevity 'Pepsu Act') for an orchard and for a grazing ground for the flock of sheeps. However, the Pepsu Land Commissioner rejected the claim of the land owner vide his order dated 25.10.1961. The Special Collector-II, Punjab, vide his order dated 8.3.1962 determined the total area with the land owner to be 38.09 standard acres by ignoring the area under mortgage before 21.8.1956. He allowed the land owner to retain 30 standard acres as permissible area and ordered issuance of draft statement showing 8.09 standard acres as surplus area with the land owner. The surplus area of 8.09 standard acres was comprised in Kharsa No. 47/5, 6, 7, 12/1, 13, 14, 15, 16 and 17 min. The total area is 64 kanals and 15 marlas situated in village Dialgarh Jejian as surplus area with the land owner. The draft statement prepared and alleged to have been served on the land owner on 10.5.1962 but no objection was received. On 3.7.1962, the draft statement was made final and the area of 8.09 standard acres was declared surplus. It has been averred that summon was issued to the land owner-respondent No. 5 by sending a registered letter, which came back undelivered with the report that he did not reside there.

(3.) IN the written statement filed by Collector, Agrarian Sunam-respondent No. 4, the stand taken is that land owner-respondent No. 5 was actually served through his Mukhtiar-i-Am Chand Singh on 10.5.1962 and no objection was submitted and the draft statement was finally published in the Punjab Government Gazette. It is also conceded that possession of the land from the petitioner had not been taken because of the fact that there has been stay order operating at every stage. However, nothing has been said about the possession prior to the purchasing of land by the petitioner on 30.5.1974. It means possession was not taken of the entire land from 1962 to 1974.