KAHNA RAM Vs. LATHA SINGH

JUDGEMENT

(1.) These writ petitions Nos. 3712 of 1968 (Kahna Ram and others v. Latha Singh and others), 3757 of 1968 (Kishan Singh and others v. Pritam Singh and others), 3758 of 1968 {Sant Singh and others v. Gurbakhsh Singh alias Gurbachan Singh and others), 425 of 1969 (Waryam Singh and another v. Bharpur Singh and others), 427 of 1969 (Smt. Iswari and others v. Chuhar Singh and others) and 428 of 1969 (Dewa Singh and another v. Chand Singh and others) have been placed before us for deciding the question of law as to the interpretation of the provisions of Sections 6 and 1 of the East Punjab Utilization of Lands Act, 1949, as amended from tune to time (hereinafter called the 'Act') touching upon the competency of a landowner to make an application under Section 6 and in the event of result going against him, to prefer an appeal under Section 14 and the jurisdiction of the Collector and the Commissioner for deciding such an application and appeal, in pursuance of the order of reference made by a learned Single Judge on February 17, 1971. In order to decide the point, the facts of C. W. No. 3712 of 1968 may be stated.

(2.) The land measuring 105 acres, which was lying Banjar Qadim and uncultivated, belonging to respondents 1, 2 and 3 was acquired by the State of Punjab through the Collector, Hissar, under the Act in the revenue estate of Shekhu Khera, Tehsil Sirsa, Distt. Hissar, in 1958, and was leased out to the petitioners for a period of 20 years on August 4, 1958. The lease-deed between the Collector and the petitioners was drawn up in which the rent fixed was Rs. 2.50 paise per acre per year. Under the terms of the lease, the lessees were required to reclaim half of the land within a period of six months and the remaining half within a period of one year from the date of the lease. The land used to be flooded by the Ghaggar river, and on February 15, 1959, the petitioners made an application to the Collector that the land, being under water, could not be reclaimed and consequently, some other land may be given to them. On that application, the Tehsildar informed the petitioners that the Government was undertaking the construction of Ghaggar Barrage and Bundhs on both sides of the river with a view to tame it. The work for the taming the river was completed in 1963 and thereafter the petitioners reclaimed the land and sowed it with Rabi Crop in October and November, 1963. This crop was to mature in April, 1964, and on December 16, 1963, the landowners, that is, respondents 1, 2 and 3, made applications to the Collector stating that the petitioners, as lessees, had failed to cultivate the land within the stipulated period and in consequence their leases were liable to be terminated. A prayer was made for the termination of those leases. The Collector forwarded those applications to the Tehsildar, Sirsa, to obtain a report from the Patwari. The latter, without issuing any notice to the petitioners, made an ex parte report to the effect that the land was still banjar qadim and had not been broken till then. On receipt of the report from the Tehsildar, the Collector, without complying with Rule 5 of the Punjab Utilisation of Lands Rules, 1950, put up the following note to the Collector, Hissar, for orders:-

(3.) The papers were then sent to Shri G.L. Nagpal, Sub-Divisional Officer, Sirsa, for necessary action in accordance with the order of the Collector. Shri Nagpal visited the village on March 15, 1964, and after hearing the petitioners, reported that the land had been reclaimed. It was then that the petitioners came to know that some proceedings were going on against them and they made review applications on March 24, 1964, for the cancellation of the order of the Collector dated February 22, 1964. The Collector felt that he could not review his previous order without obtaining the permission of the Commissioner. The necessary permission was granted on June 7, 1966, and then the case was examined by Shri Ram S. Verma, I. A. S., Sub-Divisional Officer with powers of Collector, Sirsa, who passed a detailed order on April 17, 1967, after recording the evidence of the parties. He came to the conclusion that the land had not been brought under cultivation before Rabi, 1964, but it was not obligatory on him to determine the lease as the petitioners had satisfactorily proved that the land could not be reclaimed before 1963 on account of the floods in Ghaggar Bundh and the moment the State Government built the Ghaggar Bundh, reclamation of the land was taken in hand. The applications of respondents 1 to 3 were then rejected. Against the order of rejection, the said respondents filed an appeal under Section 14 of the Act which was accepted by the Commissioner, Ambala Division, by order dated October 17, 1968. The revision filed by the petitioners against that order was dismissed by the Financial Commissioner by order dated November 28, 1968. The petitioners then filed the present petition.