HIMMATI BAI Vs. FINANCIAL COMMISSIONER AND ORS.

JUDGEMENT

(1.) THE writ petition challenges the order passed by the authorities constituted under the Haryana Ceiling on Land Holdings Act. The property in dispute related to the holdings of the big landowner Shri Chanan Dass. He had submitted his declaration under Section 9 on 16.08.1976 and before the proceedings came to conclusion on the declaration made and when the proceedings were pending before higher authorities without finalization of the issue regarding the surplus holding, the landowner died and his legal representatives sought for redetermination on the basis that succession had opened and the vesting in the State cannot arise without allowing for the right of declaration to be given by the legal heirs by operation of Section 8 of the Act. The State has rejected the contention, through the impugned order. The effect of succession opening before the declaration relating to surplus has become final has been the subject of consideration by a Full Bench in relation to Punjab Land Reforms Act in Sardara Singh and others v. The Financial Commissioner and others : 2008 (2) RCR (Civil) 744. This has been considered by this court as well in relation to the Haryana Act in the decision in Smt. Bhanti Devi and others v. The State of Haryana and (others., (2012 -1) 165 PLR 586. This court has held that the declaration made by the Collector that assumes significance for determination of surplus would lose its value, if the landowner dies and succession opens when the proceedings are still pending in any of the higher forums. In such art eventuality, the determination has inevitably to be made in the hands of the legal heirs of the deceased. Harmonious reading of Sections 8 and 12 with Section 9 would only mean that the vesting will be kept in abeyance, if the proceedings for declaration under Section 9 are still not completed. The Act has series of procedures at various stages before when the vesting could take place. The impugned order is set aside and the legal heirs shall be entitled to make their own declaration in the manner contemplated under Section 9 and the authority will take appropriate adjudication of such declaration made for determination of the permissible area of the parties.

(2.) THE writ petition is allowed on the above terms.