SHRI KARAN SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THE writ petition was filed seeking for permission for exemption to file the impugned order of the Financial Commissioner purported to have been passed on 25.02.1992 rejecting the civil revision petition filed by the petitioners against the order that was passed on a review application filed by the petitioners in the year, 1988. The review application was to review an order passed on 30.06.1960 by the Special Collector, Punjab, holding the properties held by Prithi Singh and Chander Singh to fall beyond the ceiling limit and declaring certain properties as surplus. The review was sought oh the ground that the exemption from computation of holdings that were available to banjar qadim, Jadid, and gair mumkin had all been computed within the holdings and consequently, assessment of total holdings of the landowner had been wrongly made. This review application was made invoking the powers under Section 24 of the Punjab Security of Land Tenures Act read with Section 8 of the Haryana Ceiling on Land Holdings Act. The authority refused to review the order already passed.

(2.) THERE would be very serious error in making the attempt to review an order declaring certain properties as surplus since a declaration made under 'Punjab Law' has serious implications under the Haryana Ceiling on Land Holdings Act. Section 12 of the Haryana Ceiling on Land Holdings Act sets out the manner of vesting of surplus area and it details the fact that the surplus area of a landowner shall be, from the date from which it was declared as such, be deemed to have been acquired by the State Government for public purpose. This vesting which takes place under the provision of statute cannot be stultified by a landowner coming with a plea after 32 years and seeking for a redetermination and to make provision for exemption to be granted in respect of certain categories of land.