BASAKHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Basakha Singh petitioner by means of this petition under Articles 226 and 227 of the Constitution of India has assailed the orders dated 21st May, 1963 of the Special Collector, respondent No. 5, dated 29th July, 1963 of the Commissioner, Patiala Division, respondent No. 4, and dated 4th July, 1964 of the Financial Commissioners respondent Nos. 2 and 3, by which land measuring 7.92 standard acres out of the land allotted to the petitioner was declared surplus under the Pepsu Tenancy and Agricultural Lands Act (No. 13 of 1955), hereinafter referred to as the Act.

(2.) The brief facts of the case are that the petitioner is a displaced person from West Pakistan. In lieu of the land left by him in Pakistan, he was allotted 38.92 standard acres of land in village Raj Rana, Tehsil Mansa, District Bhatinda, in 1957. The Special Collector by his order dated 21st May, 1963 declared 7.92 standard acres, out of the land allotted to !he petitioner, as surplus, because, according to the Collector, the balance of the allotted land left with the petitioner when converted into ordinary acres would be 100 acres. Appeal filed by the petitioner was dismissed by the Commissioner, Patiala Division, on 29th July, 1963, and his revision was dismissed by the two Financial Commissioners on 4th July, 1964.

(3.) The main question which arises for determination in the petition is whether the petitioner was holding land in excess of the permissible limit because it was only on the proof of such contingency that any of the area held by him could be declared to be surplus. Permissible area has been defined in sub-section (1) of Section 3 of the Act which reads as under :-