MADAN GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Articles 226/227 of the Constitution of India has been filed by Madan Gopal, praying for issuance of a writ in the nature of certiorari for quashing the orders (Annexures P-1, P-2, P-4 and P-5) declaring the land in the hands of the petitioner as surplus under the Haryana Ceiling on Land Holdings Act, 1972.

(2.) THE surplus area case of the petitioner was decided by the Sub Divisional Officer (Civil), exercising the powers of Prescribed Authority, Sirsa (respondent No. 5) vide order dated 23.9.1978 and an area measuring 719 kanals 3 marlas of 'C' category was declared surplus. On appeal, the Collector vide order dated 14.10.1980 accepted the appeal to the extent of 113.6 kanals being uncommanded area, and reduced the surplus area to 605 kanals 17 marlas. On revision to the Commissioner, the petitioner got further relief to the extent of 111 kanals 6 marlas on account of bona fide sale. However, the claim of the petitioner to the extent of 160 kanals 11 marlas, transferred to his sister Smt. Bhagwani Devi on the basis of a Civil Court decree dated 15.4.1972, was rejected by the Commissioner vide order dated 26.2.1983 (copy Annexure P3), it being a family transfer. A further revision petition was filed before the Financial Commissioner, Haryana (respondent No. 2) to challenge the order passed by the Commissioner. The Financial Commissioner also rejected the revision petition filed by the petitioner vide order dated 8.5.1984 on the ground that the transfer in favour of the sister of the petitioner was made after the appointed date, i.e. 24.1.1971. By filing the present writ petition, the petitioner has prayed for issuance of a writ of certiorari for the quashment of the orders passed by the afore-mentioned authorities declaring the transfer of land measuring 160 kanals 11 marlas in favour of Smt. Bhagwani Devi on the basis of a Civil Court decree dated 15.4.1972.

(3.) IN order to controvert the contentions raised by Mr. L.N. Verma, it has been contended by Ms. Rajni Gupta, Assistant Advocate General, Haryana, that under Section 12(4) of the Haryana Ceiling on Land Holdings Act, 1972 (for short 'the Act'), the authorities were competent to ignore the judgments and decrees obtained after the appointed date.