NACHHATTAR SINGH Vs. COLLECTOR, AGRARIAN

JUDGEMENT

(1.) 9.43 standard acres of land belonging to petitioner No. 1 was declared as surplus land by Collector Agrarian, Bhatinda, vide his order dated December 30, 1960. Petitioner No. 1 did not challenge this order either before the Commissioner or before the Financial Commissioner. It is, however, urged that this land has not been utilised so far and he continues to be in possession of the same. In the year 1970 the petitioners entered into a family settlement under which petitioner No. 1 gave 108 kanals and 19 marlas of land to his three sons-petitioners Nos. 2, 3 and 4 in equal shares. On June 25, 1974, Collector Agrarian, served a notice upon petitioner No. 1 calling upon him to surrender 9.43 standard acres of land. This was pursuant to Section 9 of The Punjab Land Reforms Act, 1972 , hereinafter referred to as the Act. The petitioners have challenged this order on the ground that they had a right to have their surplus area determined in accordance with Section 4 of the Act which allows the head of the family to retain additional area.

(2.) Notice of motion was issued to the respondents and Shri H.S. Brar, Deputy Advocate General, Punjab, has appeared in response to this notice and opposes the petition.

(3.) Initially the surplus area of petitioner No. 1 had been determined under the Pepsu Tenancy and Agricultural Lands Act, 1955. Under the provisions of that Act, petitioner No. 1 was entitled to retain thirty standard acres. Under the Punjab Land Reforms Act, 1972 , a different mode of determination of surplus area has been provided.