AJMER SINGH ETC Vs. FINANCIAL COMMISSIONER, PUNJAB ETC

JUDGEMENT

(1.) This petition has arisen out of the surplus area proceedings of the land of Ajmer Singh, petitioner No. 1, in village Koersingh Wala, sub-tehsil Phul, district Bhatinda. Ajmer Singh transferred 46 kanals and 14 marlas of land through a registered-deed to Kartar Singh, Bakhtawar Singh, Jora Singh, sons of Mehtab Singh. The mutation was also sanctioned on 26th February, 1958. Another 22 kanals of land was sold to Arjan Singh, Nachhattar Singh, sons of Jhanda Singh and Mukhtiar Singh, Bhagwan Singh sons of Sucha Singh. The mutation regarding this land was sanctioned on 26th February, 1957. These vendees are not related to the petitioner in any manner and all are small landowners. They are thus transferees which are protected under the provisions of Section 32-FF of the Pepsu Tenancy and Agricultural Lands Act, 1955. Gurtej Singh, petitioner No. 2, also filed a suit for pre-emption which was decreed by the learned Subordinate Judge. The Collector declared 30.39 standard acres of petitioner No. 1's land as surplus on 10th April, 1961. No notice was given to the vendees and the order was passed behind the back of the vendees. Dissatisfied by the order of the Collector, petitioner No. 1 filed an appeal before the Commissioner which was allowed and the case was remanded to the Collector for fresh decision according to law. The Collector again declared 30.39 standard acres of land as surplus vide his order dated 31st January, 1965 (Annexure 'A') and then an appeal was filed before the Commissioner who dismissed the same vide his order dated 20th August, 1965 (Annexure 'B'). A revision petition filed before the Financial Commissioner was also dismissed by him vide his order dated 7th January, 1966 (Annexure 'C'). It is against these orders (Annexure 'A', 'B' and 'C') that the present writ petition has been filed.

(2.) Admittedly, the impugned orders have been passed behind the back of the transferees. The only point which survives in the petition is whether the transfers made before 31st July, 1958, are valid or not in view of the provisions of Section 32-FF of the Pepsu Tenancy and Agricultural Lands Act. In this regard, in a Division Bench Authority of this Court reported as Harpal Singh v. The State of Punjab and others, 1970 PunLJ 159, their Lordships have observed as under :-

(3.) In this view of the matter, the impugned orders (Annexures 'A', 'B' and 'C') are quashed and the writ petition is allowed but the case is remanded to Collector, Bhatinda, for determining afresh the surplus area in accordance with law after notice to the vendees. There is no order as to costs.