JAGE Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER in the present writ petition, filed under Articles 226/227 of the Constitution of India, by the petitioners, is for the issuance of a writ in the nature of certiorari for quashing the orders dated 10.3.1973 (Annexure P-4), passed by the Commissioner, Ambala and 10.2.1993 (Annexure P-5), passed by the Financial Commissioner, Haryana.

(2.) THE facts, in brief, are that an area measuring 6 standard acres 2 units, belonging to Mathura son of Jotu (since deceased), the big land owner, was declared surplus by the Collector (Surplus), Sonepat, vide his order dated 3.8.1959. The field numbers of the permissible and surplus areas were declared on 4.8.1959. Thereafter, for reasons, which are not discernible from the record, the Collector re-determined the surplus area on 19.10.1959 and declared 16 standard acres 7 units as surplus. The Collector once again re- determined the surplus area, vide order dated 20.7.1968 and declared 9 standard acres 9-1/4 units as surplus.

(3.) THE petitioner, (now represented by his L.Rs Jai Narain and Hawa Singh) claiming to be a tenant of the big landowner, filed an application before the Collector for review of the order dated 4.8.1959. The Collector, vide order dated 16.6.1972, forwarded a reference to the Commissioner seeking permission to review the said order. Vide order dated 10.3.1973, the request for review was declined. The revision, filed by the petitioners, against the aforementioned order, was dismissed by the Financial Commissioner, Haryana on 10.2.1983.