GURMIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Instant writ petition under Articles 226/227 of the Constitution of India has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 19.04.1983 (Annexure P-5) passed by respondent No.4 Collector Agrarian, Fetehgarh Sahib, order dated 03.10.1984 (Annexure P-6) passed by respondent No.3 Commissioner, Patiala Division, Patiala, and order dated 24.08.1995 (Annexure P-7) passed by respondent No.2 Financial Commissioner (Appeals-II), Punjab.

(2.) Brief facts of the present case are to the effect that Ranjit Singh s/o Gurmukh Singh resident of village Rajinder Nagar Tehsil Sirhind, a big land owner filed his return in Form A under Section 5 of the Punjab Land Reforms Act, 1972 (hereinafter referred to as 'the Act') and Rules 1973 before the Collector Agrarian Fatehgarh Sahib on 3.10.1973 according to which the land owner and other members of his family owned 430K-1M of land in village Rajinder Nagar, Tehsil Sirhind District Patiala and 13B-16B of land in village Maksudra Tehsil Payal District Ludhiana, respectively. The Collector Agrarian Fatehgarh Sahib after having necessary verification made through the field staff came to the conclusion that the landowner alongwith the members of his family owned and held land in concerned villages measuring 39-17-36 of 1st quality on the appointed day i.e. 24.01.1971. The landowner had two adult sons and was thus entitled to retain 21.00 hectares of first quality land as his permissible area. The Collector Agrarian, Fatehgarh Sahib vide his order dated 17.06.1976 declared 18.77.36 hectares of first quality land surplus with the landowner Ranjit Singh. Ranjit Singh and others went in appeal before the Commissioner, Patiala Division, Patiala against the order of Collector, Agrarian, Fatehgarh Sahib. The Commissioner Patiala Division, Patiala vide his order dated 21.11.1978 accepted the appeal and remanded the case back to the Collector, Agrarian Fatehgarh Sahib for fresh decision after giving an opportunity of being heard to all the landowners and the State and all concerned with the case. On remand, Collector, Agrarian, Fatehgarh Sahib, vide order dated 19.04.1983 (Annexure P-5) declared land measuring 20.43.91 hectares of first quality land as surplus with landowner Ranjit Singh, his wife Kartar Kaur and his family members and landowner was directed to select his permissible area within seven days otherwise surplus area was to be declared according to Rules. Aggrieved against the order of Collector Agrarian, Ranjit Singh and others preferred appeal before the Commissioner, Patiala Division, Patiala, which was dismissed vide order dated 03.10.1984 (Annexure P-6). Ranjit Singh and others further preferred revision petition before the Financial Commissioner, which has also been dismissed vide order dated 24.08.1995 (Annexure P-7). Hence, this writ petition.

(3.) I have heard learned counsel for the parties and perused the record.