GHASI JUG LAL Vs. COMMISSIONER AMBALA DIVISION

JUDGEMENT

(1.) THE petitioner was a tenant of 43 Kanals 4 marlas of land in Killa Nos. 5, 6 of Rectangle No. 103 and Killa Nos. 1, 10, 11 of Rectangle No. 104. Originally, the land belonged to land -owner Kehri. Under the Punjab Security of Land Tenures Act 1953 (hereinafter referred to as 'the Act') the land -owner Kheri was declared to be in possession of surplus land and the land in occupation of the petitioner was included as the surplus land of the land -owner. The petitioner made application to the authorities concerned for purchase of the surplus land of which he was a tenant. His application was allowed by the Assistant Collector Ist Grade, Rohtak on 29.2.1964. The petitioner filed an appeal against the said order in regard to the payment of compensation while the land -owner filed an appeal against the petitioner to allowing him to purchase the land. The Collector, Rohtak by his order dated 28.4.1965 confirmed the orders of Assistant Collector Ist Grade, Rohtak and allowed the application of the petitioner for purchase of the surplus land to the extent of 39 kanals 8 marlas on payment of Rs. 3767.62 Paise. The said order has become final and the petitioner has paid the amount of instalments and has been continuing in possession of the property by virtue of the order of the Assistant Collector Ist Grade, Rohtak as confirmed by the Collector, Rohtak on 28.4.1965. Subsequently, the Haryana Ceiling on Land Holdings Act, 1972 came into force. It appears that the authorities acting under the said Act included the land which was purchased by the petitioner in the holdings of the land -owner and treated it as surplus land of the land -owner under the provisions of 1972, Act. The petitioner further came to know that the land in his possession was allotted to one Bharat Singh by the authorities on 10.12.1976. Therefore, he filed an application for cancellation of the said allotment to Bharat Singh. The said application came for hearing before the Collector Agrarian, Rohtak and by his order dated 3.8.1977 the Collector Agrarian, Rohtak dismissed the application of the petitioner holding that the petitioner was not entitled to purchase the surplus land under Section 18 of the Act. The said order was also confirmed by the Commissioner, Ambala Division in Executive Appeal No. 191 of 1976 -77 dated 28.9.1980. Challenging the orders of the Collector Agrarian, Rohtak dated 3.8.1977 in Case No. 30/C.A.R. and the Commissioner, Ambala Division in Executive Appeal No. 191 of 1976 -77 dated 28.9.1980, the petitioner filed the present writ petition. The undisputed facts are as follows: -

(2.) THE land in question originally belonged to Ghasi son of Jug Lal. He was declared as a surplus land -owner under the provisions of the Punjab Security of Land Tenures Act, 1953 and the land in question was included in the surplus land of the land -owner. According to the petitioner, he was a tenant of the said land. He applied to the authorities for purchase of the surplus land under Section 18 of the Act. His application was allowed by the Assistant Collector Ist Grade, Rohtak on 29.2.1964. The same was confirmed on appeal by the Collector on 28.4.1965. Thereafter the petitioner paid the installments as required under the Act and continued to be in possession of the same. Thus, the transfer in favour of the petitioner of the land in question which was declared surplus land of the land -owner Kheri has become final. After the enactment of the Haryana Ceiling on Land Holdings Act, 1972, the authorities included, this land as surplus land alongwith some other land of the land -owner. On its inclusion, the authorities allotted this land to a person Bharat Singh who is respondent No. 8 in this writ petition. It is pertinent to note that respondent No. 8 did not put in appearance in this writ petition and has not chosen to contest this writ petition. Having come to know of the allotment of the land in favour of respondent No. 8, the petitioner moved an application to the Collector Agrarian, Rohtak for cancellation of the land in favour of Bharat Singh on the ground that the allotment of surplus land in the year 1965 has become final and, therefore, the land should not be treated as land held by the land -owner under the provisions of the Haryana Ceiling on Land Holdings Act, 1972. Therefore, this land, held by the land -owner cannot be treated as surplus land of the land -owner. It is contended by the learned Assistant Advocate General that the State of Haryana is not a party to the proceedings for allowing the petitioner to purchase the surplus land of Kheri in the year 1965 and, therefore, the same is not binding on the State of Haryana and the State can include that land which was transferred to the petitioner in the holdings of the original owner Kheri, respondent No. 5.

(3.) IT has been held in State of Punjab v. Amar Singh and Anr. : A.I.R. 1974 S.C. 994 as follows: -