JAGAR SINGH Vs. SECRETARY TO GOVERNMENT PUNJAB

JUDGEMENT

(1.) 30.6 Standard Acres of land belonging to Sunder Singh were declared as surplus. The petitioners are the three sons of Sunder Singh. They have filed Annexure P.2 - a death certificate along with this petition showing that Sunder Singh died on May 2, 1974. The surplus area remains unutilised and continues to be in possession of the three petitioners. As laid down in Karam Singh and others v. The State of Punjab and others,1967 46 LLT 157, the surplus area will have to determined afresh in the hands of the three petitioners.

(2.) The learned Advocate General submits that under Section 11, sub-section (7) of the Punjab Land Reforms Act, 1972 where succession opens after the determination of the surplus area, the saving specified in favour of an heir by inheritance under sub-section (5) shall not apply in respect of the area so determined. There is an obvious fallacy in this argument because Section 11(7) would only apply if surplus area is determined under the Punjab Land Reforms Act (No. 10 of 1973). This section would not be attracted to those cases in which surplus area is determined either under the Punjab Law or under the Pepsu Law.

(3.) For reasons mentioned above, I allow this petition and quash the orders dated March 18, 1974 and April, 1974, Annexure P.3 and P.4 respectively passed by the Collector Agrarian, Bhatinda. No costs.