KHAZANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of present appeal, challenge has been laid to the judgments and decrees dtd. 10/12/1996 and 23/11/1998 passed by the Courts below, whereby suit for declaration and permanent injunction filed at the instance of appellants/ plaintiffs (hereinafter referred to as the appellants') stands dismissed.

(2.) Briefly stating, the appellants sought declaration challenging the order dtd. 11/12/1990 passed by the prescribed authority whereby 113 kanals 12 marlas of land situated in the revenue estate of Village Lochab, Tehsil and District Jind was declared as surplus in the hands of their predecessor-in-interest-Baljora. Challenge was also laid to an order dtd. 30/5/1991, whereby the abovementioned land was ordered by the Prescribed Authority to be included in the surplus pool besides impugning the order dtd. 6/9/1991 passed by the Collector dismissing the appeal filed by the appellants as well. The appellants also sought permanent injunction praying for restraining respondents No.1 and 2/ defendants No.1 and 2 (hereinafter referred to as respondents No.1 and 2') from utilizing the suit property any further.

(3.) The primary grouse set up by the appellants was that after submission of declaration form on 12/8/1976 in terms of Sec. 9 of the Haryana Ceiling on Land Holding Act, 1972, (for short the 1972 Act'), their predecessor Baljora died on 17/7/1986 and thereafter the appellants along with proforma defendants succeeded the deceased. It was further pleaded that Baljora was declared as big land owner vide order dtd. 11/12/1990 passed by the Prescribed Authority whereby 113 kanals 12 marlas of land in his hand was declared as surplus followed by aforementioned orders dtd. 30/5/1991 and 6/9/1991. The stand taken by the appellants was that opportunity of hearing was not afforded to all the legal heirs of deceased Baljora before declaring the suit land as surplus in his hands; whereas upon his death, the appellants along with proforma defendants having succeeded the deceased, the declaration of surplus area was required to be assessed after considering their independent right in the holdings.