PARVEEN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution of India prays for issuance of a writ in the nature of certiorari for quashing the order dated 22.6.1976 passed by the Collector, Land Reforms, Kapurthala (Annexure P.4), the appellate order dated 22.12.1976 passed by the Commissioner, Jalandhar Division, Jalandhar (Annexure P.5) and the revisional order dated 6.7.1983 passed by the Financial Commissioner (Revenue), Punjab. The claim of the petitioner that the disputed land could not have been declared surplus and re-allotted to the original tenant has been rejected by all the authorities.

(2.) BRIEF facts of the case are the Sant Singh, respondent No. 4, was a big land owner who held 8/72 hectares of land in village Khiranwali, 6.21 hectares in village Subhanpur, and 1.07 hectares in village Chak Gopipur. The landowner and his wife also held land as tenant in village Desal and Nand Sabak Desal as depicted in girdwari of Rabi and Kharif 1972. It was 1.45 hectares of first quality land. Thus the total holding of Sant Singh after excluding the area of 0.27 hectares being the evacuee property worked out to 34.18 hectares of first quality land. The landowner had two adult sons on the appointed day and was entitled to retain 21 hectares of land as permissible area and the remaining area measuring 13.18 hectares in village Dasal and Nand Sabak Desal were declared surplus by the Collector Agrarian, Kapurthala vide order dated 9.6.1976.

(3.) THE case of the petitioner as pleaded in the instant petition is that the predecessor-in-interest of the petitioners namely Khushi Ram purchased the land in dispute which was an evacuee property in a restricted auction open only for members of the scheduled caste on 23.3.1967. The sale was confirmed on 6.5.1967. As the file was missing, the same could not be confirmed. However, on reconstruction of the file the Sale Commissioner issued sale certificate dated 1.2.1979 (Annexure P.2) declaring him owner w.e.f. 6.5.1967. The possession of the land had already been delivered to Khushi Ram. He transferred the disputed land to the petitioner on 20.3.1979.