GULAB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Gulab Singh and his son Rajinder Singh seek through this writ petition under Articles 226/227 of the Constitution of India the issuance of a writ of mandamus declaring Instructions dated 9th October 1973 (Annexure P-1) issued by the State of Haryana, respondent No. 1 and section 18(7) and 18(8) of the Haryana Ceiling on Land Holdings Act (hereinafter referred to as 'the Act') to be illegal, void, ultra vires and unconstitutional. It has been filed in the following circumstances :-

(2.) Shri S.S. Rathore, the learned counsel for the petitioners, wanted to contend that even if the Instructions are held to be valid and the provisions of sub-sections (7) and (8) of section 18 of the Act are upheld, the petitioner No. 1 is still entitled to retain the land which came to him under the Will made in his favour by his father Sh.Suba Singh.

(3.) It is contended by Shri R.K. Verma, the learned counsel appearing for the State of Haryana, that petitioner No. 1 has filed a return and has claimed exemptions regarding the land, in dispute, and the matter is pending consideration, before the Revenue Authorities. In this situation, it is not the stage for this Court to decide upon the matter. The petitioner should pursue the remedies on this aspect of the case before the revenue Authorities.