MAKHAN SINGH Vs. STATE OF PUNJAB & ORS

JUDGEMENT

(1.) The question that arises for consideration in this case is whether the surplus area case of late Jagir Singh is required to be reopened to determine whether or not, the surplus land has to be seen in the hands of his legal heirs in view of the fact that the surplus land of late Jagir Singh was not utilised and continued to be in possession of the big-landowner till his death

(2.) The facts are not in dispute.

(3.) The petitioner is adopted son of late Jagir Singh. The surplus area case of his father was originally decided by the Collector, Ferozepur, vide order dated 28.01.1966 declaring 4 Standard Acres and 6.4/1 Units as surplus. The appeal preferred against that order was accepted and the matter was remanded. Thereafter, the Collector, Agrarian, Ferozepur again determined the surplus area case on 25.01.1989. The big-landowner had admittedly died on 19.05.1985, i.e., before passing this order. The possession of the land declared surplus in the year 1966 continued with Jagir Singh as the said order was set aside by the Appellate Authority and the matter was remanded. During his life time, Jagir Singh is said to have sold a part of his land holding.