ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India is directed against the order of the Collector, Gurgaon, dated 31st October, 1966, whereby he had dismissed the petition filed by the petitioner for review of the earlier order of the Collector dated 4th December. 1959.

(2.) THE facts necessary for the decision of this petition are not seriously in dispute and may be stated thus. Land measuring 174 bighas 1 biswa situated in village Bhandor was originally owned by Choudhry Manohar Lal and after his death it was mutated in the name of his wife Maqtul Kaur respondent No. 4. In obedience to the wishes of Manohar Lal, his widow Maqtul Kaur adopted the petitioner as a son to her deceased husband through a registered adoption deed dated 27th July, 1952. Not realising that by this adoption the petitioner had become owner of the entire land of his adoptive father, Maqtul Kaur gifted 33 bighas of land to the petitioner out of the land situated in village Bhandor. At the tune of the adoption and this gift the petitioner was a minor. During the next three or four years Maqtul Kaur somehow developed a strain of hostility towards Ashok Kumar petitioner; and to give practical shape to these feelings of animosity, Maqtul Kaur sold about 41 bighas of land to Polu Ram, etc. , in 1957 and 1958 and gifted the remaining land to her daughters on 20th May, 1958. On learning about the alienations, Ashok Kumar challenged them through a civil suit which was ultimately decreed by the Subordinate Judge First Class, Rewari, and this decree was maintained up to the High Court in Regular Second Appeal No. 161 of 1961 decided on 23rd October, 1963. The decree being for possession of the land left toy Manohar Lal, Ashok Kumar obtained possession in execution of this decree on 15th April, 1964.

(3.) AFTER the coming into force of the Punjab Security of Land Tenures Act (hereinafter called the Act) proceedings were started to declare surplus area out of the land left by Manohar Lal and, as in the revenue records this land at the relevant time stood in the name of Maqtul Kaur, notice was only issued to her and in Form D only she was shown as being in possession of the land. Probably, as on account of the adoption, she had no right, title or interest left in the land, Maqtul Kaur did not put up a serious resistance in these proceedings and not only allowed an adverse order to be passed by the Collector but did not even challenge this order in appeal and thereby permitted it to assume finality. This order of the Collector was passed on 4th December, 1959. It may be mentioned at this stage that at the time the proceedings were taken the petitioner was still a minor.