RAM JASH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) ORDER dated 2.9.1993 (Annexure P4) passed by the Financial Commissioner (Appeals), Punjab, is under challenge in this writ petition filed by the petitioners Ram Jash and Ganesha Ram, who were tenants of the landowner Sheo Karan (father of respondents No. 3 and 4). The petitioners have prayed for quashing of the order dated 2.9.1993.

(2.) SURPLUS area of land of Sheo Karan was determined by the Collector vide order dated 9.6.1962 passed under the Punjab Security of Land Tenures Act, 1953 (for short 'the Old Act'). The Collector declared 32 Standard Acres of land as surplus. Sheo Karan did not challenge the order dated 9.6.1962 and, therefore, qua him the order dated 9.6.1962 became final. The petitioners challenged the order of the Collector on the ground that the tenants permissible area was not left by the Collector. The petitioners pleaded that they were in cultivating possession before 1952-53 and, therefore, the tenants permissible area could not be declared surplus. This appeal was accepted and the case was remanded to the Collector Agrarian, Fazilka, for fresh decision. Before the matter could be decided afresh, Sheo Karan died and, therefore, on 24.8.1983 the Special Collector directed that the case be filed and a direction was given to prepare the surplus area of the legal heirs of Sheo Karan. In the meantime proceedings were initiated qua Sheo Karan under the Punjab Land Reforms Act, 1972 (for short 'the new Act'). Sheo Karan filed declaration in Form 'A'. The competent authority took into consideration the fact that the landowner had three adult sons and declared that after leaving 2.5329 hectares of first quality land as tenants permissible area, no surplus area was left with Sheo Karan. The order dated 4.2.1980 (Annexure P1) also became final because it was not challenged by the landowner during his life-time. Subsequently, on an application filed by the petitioners, the Collector (Agrarian), Abohar, passed order dated 9.5.1985 under old Act declaring that the tenants were in cultivating possession before 1970 and, therefore, the area under their cultivation had to be left as tenants permissible area. At the same time, the Collector (Agrarian) declared that 0.3608 hectares of first quality land situated in village Maujgarh was surplus. He directed that for utilising the surplus area the proceedings under Section 9(1) of the New Act be initiated. Respondents No. 3 and 4 filed an appeal against the order dated 9.5.1985 declaring 8.1051 hectares of first quality land as tenants permissible area. The Commissioner, Ferozepur Division, dismissed the appeal by holding that surplus area of the landowner had been determined under the New Act vide order dated 4.2.1980 during the life-time of the owner and, therefore, his heirs were not entitled to any further benefit. On a further appeal filed by respondents No. 3 and 4, the Financial Commissioner (Appeals), Punjab passed the impugned order and remanded the case to the Collector (Agrarian), Abohar for fresh decision after quashing the order dated 9.5.1985 and 19.10.1987.

(3.) A perusal of the order (Annexure P1) dated 4.2.1980 shows that after considering the declaration made by the landowner (late Sheo Karan), the Collector (Agrarian) has observed:-