AMARJIT KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of Civil Writ Petition No. 550 of 1983 (Amarjit Kaur and another v. State of Haryana and others) and Civil Writ Petition No. 1051 of 1983 (Bhagwan Kaur and another v. State of Haryana and others).

(2.) 16.43 standard acres of land belonging to Ganga Singh, father-in-law of the petitioners, was declared surplus on 30.11.1961 under the provisions of the Punjab Security of Land Tenures Act, 1953 (hereinafter called the "1953 Act"), vide Annexure P-1. It is the case of the petitioners that, Ganga Singh died (on 3.12.1973) and at the time of his death, the land had not been utilised either under the provisions of the 1953 Act or under the Haryana Ceiling on Land Holdings Act, 1973 (hereinafter called the "1973 Act"). After Ganga Singh's death, the land was mutated in favour of the petitioners on the basis of a Will executed by him and it is virtually the admitted position that the petitioners continued to be in cultivation possession thereof. The Prescribed Authority under the Act took measures to evaluate the land holdings in the names of Nahar Singh and Gursevak Singh, husbands of the two petitioners and vide order dated 14.4.1978 held that the holding of the petitioners was within the prescribed limit. Copies of the orders have been appended as Annexures P-2 and P-3 with the petition. The Sub-Divisional Officer (Civil), Dabwali, the Prescribed Authority, however, took measures to allot the land declared surplus under the 1953 Act and vide order dated 28.8.1980, Annexure P-4, directed that the land declared surplus on 30.11.1961 be utilised under the Utilization of Surplus and Other Area Scheme, 1976 (hereinafter the "Utilisation Scheme") which had been framed under the provisions of the 1953 Act. It is the case of the petitioners that before the passing of the order, Annexure P-4, no notice had been issued to the petitioners or their husbands. The order, Annexure P-4, was challenged before the Collector, Sirsa, who vide his order dated 24.11.1981, Annexure P-5, held that as Ganga Singh had died after the coming into force of the 1953 Act, his death would not effect the rights of the State to utilise the surplus area declared thereunder. The petitioners still dis-satisfied, filed a revision petition before the Commissioner, Hisar, who dismissed the same in limine vide order Annexure P-7 dated 30.7.1982. The orders, Annexures P-4, P-5 and P-7 have been impugned in the present writ petition.

(3.) MR . R.D. Bawa, the learned counsel for the petitioners, has argued that as the land declared surplus on 30.11.1961 under the 1953 Act, had not been utilised upto the death of Ganga Singh and had remained in the possession of the landowners, the matter required to be re-opened after his death and the surplus area to be determined afresh. He has also pointed out that the impugned orders even otherwise were had in law for the reason that the notice envisaged under Section 16(2) of the 1953 Act and paragraph 8 of the Utilisation Scheme had not been issued and that this issue went to the root of the matter.