(1.) MAGHAR Singh, Petitioner, by means of this petition under Articles 226 and 227 of the Constitution of India, seeks to challenge the order dated 30th of July, 1962, of Collector, Mansa.
(2.) THE facts of this case lie within a narrow compass. The Petitioner holds land measuring 33 standard acres and 13 units situated in village Matti, tahsil Mansa, district Bhatinda. As the aforesaid area was in excess of the permissible limit of 30 standard acres fixed by Section 3 of the Pepsu Tenancy and Agricultural Lands Act, 1955 (Act No. 13 of 1955) - -hereinafter referred to as the Act, the Collector declared 3.13 standard acres of land as surplus in accordance with the provisions of Chapter IV -A of the Act. The Petitioner was, accordingly, divested of the ownership of 3.13 standard acres of the land. During the pendency of the above proceedings under the Act, consolidation of holdings operations started in the village as a result of which the Petitioner was left with only 28 standard acres of land out of his holdings. As, according to the Petitioner, he was entitled to 30 standard acres of land which was the permissible limit out of his holdings, he filed an application before the Collector requesting him to restore the area of two standard acres. The Collector rejected that application as per order dated 30th of July, 1962. The Petitioner by means of this petition has assailed that order on the ground that he is entitled to hold 30 standard acres of land.
(3.) I have heard Mr. Harbhagwan Singh, on behalf of the Petitioner and Mr. Sodhi on behalf of the Respondents, and am of the view that the Petitioner should succeed in the present petition. Sub -section (1) of Section 3 of the Act fixes the permissible limit except in the cases covered by the proviso with which we are not concerned, at 30 standard acres of land and where such 30 standard acres on being converted into ordinary acres exceed 80 acres, such 80 acres. Section 32 -A of the Act provides that notwithstanding anything to the contrary in any law, custom, usage or agreement, no person shall be entitled to own or hold land as landowner or tenant under his personal cultivation within the State which exceeds in the aggregate the permissible limit. Section 32 -D of the Act provides for the declaration of the surplus area, while Section 32 -E makes provision for the vesting of the surplus area in the State Government. Sub -section (2) of Section 32 -MM deals with the contingency when there is a consolidation of holdings, and reads as under: