GURMUKH SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) C.M. No.14815 of 2014

(2.) The application is allowed and documents Annexures P-6 to P- 8 are permitted to be taken on record subject to all just exceptions. Main case Jagjit Kaur-respondent No.6 was a big land owner. Vide order dated 13.8.1981, the Prescribed Authority, Fatehabad, after providing hearing to the above said Jagjit Kaur declared 350 kanals 16 marlas of "C" category land of hers to be surplus. This land was declared surplus under the Haryana Ceiling on Land Holdings Act, 1972 (hereinafter referred to as "the 1972 Act")

(3.) Interestingly Jagjit Kaur who suffered the order regarding declaration of surplus land did not challenge the same. However, the petitioner, who is the brother of Jagjit Kaur, filed an appeal against the above referred order before the Additional Collector (exercising powers of the Collector) Hissar. The challenge to the order by the prescribed authority was made by the petitioner on the ground that it is he who had become owner of the land in question through Will of his father namely Chanda Singh. The alleged Will was also produced alongwith his appeal. The petitioner further relied upon a decree of the Civil Court dated 18.4.1977 to say that as per that decree he had become the owner of the property in question and therefore, on the above two grounds and for the reason that the petitioner was issued no notice by the Prescribed Authority, according to the petitioner, the order of the prescribed authority declaring the land in question to be surplus was liable to be set aside and the matter was required to be decided afresh.