HAKAM SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioners have brought this petition under Articles 226 and 227 of the Constitution for writ of Certiorari, quashing the orders (copies Annexures A, B and C, hereinafter called the impugned orders) passed by the Collector, Ferozepur, Commissioner, Jullundur, and Financial Commissioner, Punjab, Chandigarh, respectively, whereby 6 standard acres and 13 units out of the land held by Hakam Singh petitioner had been declared as surplus.

(2.) In short, the case put forth by the petitioner in the writ petition is that Rulia Singh-father of Hakam Singh petitioner, had gifted land measuring 26 standard acres 15-1/4 units to him (Hakam Singh) after the commencement of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act). On the death of Rulia Singh, which had taken place some time later, Hakam Singh petitioner inherited the remaining land belonging to him (Rulia Singh). Thus the area of the total holding of Hakam Singh became 44 standard acres and 11-1/4 units. During the consolidation of holdings, the said area was reduced to 36 standard acres 13 units. On March 31, 1967, Hakam Singh transferred 14 standard acres out of the aforesaid holding of 36 standard acres and 13 units in favour of Smt. Harnam Kaur (Petitioner No. 2), who is his wife, and, thus the area of his holding was reduced to 22 standard acres 13 units and he became a small landowner. The Collector, Ferozepore, however, by this impugned order dated February 19, 1970 (Copy Annexure A) declared 6 standard acres 13 units out of the post-consolidation land measuring 36 standard acres 13 units of Hakam Singh, as surplus area. Notice of the proceedings taken by him (Collector, Ferozepore) had not been given to Smt. Harnam Kaur. She and Hakam SIngh carried appeal against the aforesaid order dated February 19, 1970, of the Collector, Ferozepore, to the Commissioner, Jullundur, but had no luck, and the appeal was dismissed by the Commissioner, Jullundur, by his impugned order dated June 9, 1970 (Copy Annexure B). She and Hakam Singh went in revision and the same was dismissed by the Financial Commissioner (Respondent No. 1) by his impugned order dated August 5, 1970 (copy Annexure C). Therefore, the petitioners impeached the impugned orders as illegal, arbitrary, void and without jurisdiction, on the grounds :-

(3.) The petition was resisted and Shri I.K. Goyal, Under Secretary to Government Punjab, Revenue Department, swore affidavit by way of written statement. The broad facts were admitted. It was pleaded that the area of land transferred by Hakam Singh in favour of his wife Smt. Harnam Kaur was 10 standard acres 10 units and not 14 standard acres, that the impugned order dated February 19, 1970 (Annexure A) was passed by the Collector, Ferozepore, after hearing Smt. Harnam Kaur, and it was maintained that all the three impugned orders were validly passed and were legal.