MOHINDER PAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS in this writ petition under Article 226 of the Constitution of India seek issuance of a writ of certiorari for quashing the order dated April 10, 1981, Annexure P-2-passed by the Collector Agrarian, Ludhiana. The facts giving rise to this petition may be noticed in brief.

(2.) PETITIONER No. 1, Mohinder Pal kaur is the wife of Gurdial Singh whereas petitioner No. 2 Mandeep Singh is minor son of said Gurdial Singh. Gurdial Singh was a big landowner. Land in hands of Gurdial Singh to the extent of 3. 42 Hectares was declared surplus by the Collector Agrarian on February 27, 1976. Appeal against the order of the Collector Agrarian was accepted by the Commissioner and the matter remitted to the Collector for decision afresh, with the following directions : (i) The wife of the landowner be given an opportunity of being heard. (ii) The transferees and other interested parties be given an opportunity of being heard to see the nature and character of the transfers. (iii) Tenants who were in possession of this land on 24th January, 1971 be also heard and the area held by them on the appointed day be excluded from the holding of the landowner.

(3.) THE relief sought in the writ petition has been resisted by the respondents by filing written statement.