RAN SINGH Vs. THE STATE OF PUNJAB ETC.

JUDGEMENT

(1.) THIS petition has arisen out of the surplus area proceedings of the Petitioner. The Collector had declared 13.88 standard acres of land of the Petitioner as surplus on 15th January, 1960 (Annexure 'A'). While declaring the surplus area, the Collector also penalised the Petitioner to the extent of 5 standard acres for not complying with Section 32 -BB of the Pepsu Tenancy and Agricultural Lands Act (hereinafter called the 'Act') which enjoined him to file proper forms etc. Consequently, 5 standard acres of Petitioner's permissible area was included in his surplus area and he was left only with 25 standard acres of land. Dissatisfied by the order of the Collector, the Petitioner filed a revision petition before the Financial Commissioner, who dismissed the same, vide order 9th April, 1963 (Annexure 'B'). It is against the orders of the Collector (copy Annexure 'A') and the Financial Commissioner (copy Annexure 'B') that the present petition has been filed.

(2.) EARLIER to the present petition, the Petitioner had filed writ petition No. 2066 of! 1963; but as the vires of Section 32 -BB of the Act were not specifically challenged by him, the same was dismissed as withdrawn by this Court with the following observation:

(3.) FROM the reading of this section, it is clear that the Collector Agrarian Reforms has been given arbitrary and unbridled powers in the matter. No guideline is provided. It is left to the arbitrary will of the Collector that if a landowner or tenant fails to furnish the declaration supported by an affidavit as required by Sub -section (1) of Section 32 -BB, the prescribed authority can direct that the whole or part of that land of such owner or tenant in excess of 10 standard acres shall be deemed to be the surplus area of such landowner or tenant. It is evident that in this situation very wide, arbitrary and unlimited powers have been given to the prescribed authority. It is the sole discretion of the prescribed authority which may declare only one bigha of land as surplus area of one particular landowner and may declare even 20 standard acres of land as surplus area of another landowner. Admittedly, there are no rules or guidelines for the prescribed authority to come to a rational and logical conclusion in such cases. Section 3(1) of the Act defines 'permissible limit' as under: