KARTAR KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The point involved in this petition on first impressions seems to be covered by judicial authority and yet turns to be intricattngly embroiled requiring analytical examinations.

(2.) The point arises in Civil Writ Petitions Nos. 2074 and 2096 of 1977 which can conveniently be disposed of by a single judgment. Facts, however, need be taken note of in Civil Writ Petition No.2074 of 1977. At this juncture, it may be focussed that Civil Writ Petition No.2096 of 1977 has been preferred by Machhi Singh, the landowner, whose land is involved in the case.

(3.) In Civil Writ Petition No.2074 of 1977, Smt. Kartar Kaur, the petitioner, is the daughter as also a transferee from Machhi Singh, who is a displaced person from West Pakistan. Machhi Singh was allotted 52 standard acres and 13 units of agricultural land in village Nazadalla Kalan, Tehsil and District Sirsa, somewhere in the year 1949. In August, 1958 (not before 3lst July, 1958), he transferred 1/3rd share of his total holding in favour of his daughter, the petitioner. Surplus area proceedings under the Punjab Security of Land Tenures Act were commenced against Machhi Singh somewhere in the year 1960 and were culminated by the order of the Collector on 30th September, 1960, who deducted 2.62 Standard acres (8.37 ordinary acres) from the holding of Machhi Singh on account of the same having been acquired by the State. Though the area was reduced to 49.51 standard acres, yet in the terms of ordinary acreage, it exceeded 100 acres. And thus the Collector leaving 100 acres as permissible area of Machhi Singh, declared the rest as surplus.