MAKHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER in this writ petition filed under Articles 226/227 of the Constitution of India by the petitioner is for the issuance of a writ in the nature of certiorari for quashing the orders dated 6.7.1984 (Annexure P-1), 22.8.1986 (Annexure P-3) and 23.6.1987 (Annexure P-4) passed by the Collector Surplus Area, Sirsa, the Commissioner, Hisar Division, Hisar and the Financial Commissioner, Haryana respectively.

(2.) THE petitioner claims the status of a tenant over land measuring 10 kanals 13 marlas comprised in Rect. No. 113, Killa No. 18/2(2-13) and 23(8-00) situated in Village Nanuana, Tehsil and District Sirsa, under the big land owner-respondent No. 5. Prior to 1947 and upto Rabi 1967, the aforementioned land was in the possession of one Bhanwar Singh as a tenant. From Kharif 1967, the petitioner claims to have been inducted as a tenant by the big land owner and claims to be in possession, as such till date.

(3.) AN appeal filed against this order, before the Commissioner, Hisar Division, Hisar was successful and the case was remanded to the Collector, Surplus Area vide order dated 29.8.1963. The Collector determined the surplus area afresh vide order dated 30.6.1980. This order was again impugned before the Commissioner, Hisar Division, Hisar, who, vide order dated 9.5.1983 once again remanded the matter to the Collector, Surplus Area, with a specific decretion to decide the case afresh, after granting full opportunity of hearing the landowner, as also to all tenants and vendees.