DHARAM KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CM No. 6538 of 2014

(2.) THE writ petition is a challenge to an assessment made on 23.07.1987 by the authorities constituted under the Haryana Ceiling on Land Holdings Act, 1972 that there was an extent of 18 standard acres and 12 1/2 units as surplus. This order passed by the competent authority was confirmed in appeal and revision. The orders are assailed by the petitioner on a plea that the determination of this extent as surplus made through an order passed on 14.01.1965 under P1 was itself a subject of challenge in CWP No. 524 of 1977 when the Division Bench of this court has held through a judgment dated 04.02.1986 that the decision was erroneous and it had set it aside. In the same writ petition, there was also a challenge to the allotment made to some tenants on 31.01.1977 based on the declaration made on 14.01.1965. The effect of the order setting aside the declaration on 14.01.1965 was also, therefore, consequential to affect the order of allotment made on 31.01.1977. Section 12(3) of the Haryana Ceiling on Land Holdings Act is the governing provision relating to the vesting of surplus area in the State where the declaration had not been effected already. Section 12(1) lays down that the surplus area for the landowner shall be from the date when it was declared as such. Section 12(1) of the Haryana Ceiling on Land Holdings Act is reproduced as under: -

(3.) THE impugned order is set aside and there shall be a direction to the authorities to serve notice on the legal representatives and allow them to give their statements and redetermine the holding of the legal representatives as heirs and in their own personal capacity and pass appropriate order in accordance with law. The writ petition is allowed on the above terms. It appears that there have been some transfers effected during the lifetime of the big landowner. The effect of transfers will be considered to the extent to which the holding would require to be assessed in the hands of the legal representatives of the original landowners.