SHAKUNTLA Vs. PUNJAB STATE

JUDGEMENT

(1.) THE three petitions which are being disposed of by this Judgment, Shakuntla v. Punjab State, (Civil Writ No. 2186 of 1963), Tarawati v. Punjab State, (Civil Writ No. 2265 of 1963) and Hans Raj v. Punjab State, (Civil Writ No. 2266 of 1963), raise a common question of law relating to the construction which is to be placed on section 32 -FF of the Pepsu Tenancy and Agricultural Lands Act, 1955. It would be sufficient if facts in Shakuntla v. Punjab State (Civil Writ No. 2186 of 1963) are set out.

(2.) THE Collector, Agrarian, Narnaul, in his order of 30th of November, 1962, declared 8.14 standard acres to be surplus. An appeal was filed by Shakuntla which was dismissed by the Commissioner on 18th March, 1963. The Financial Commissioner, in the impugned order passed by him on 9th of July, 1963, affirmed the order of the Commissioner and the petitioner feeling aggrieved has come to this Court in writ proceedings.

(3.) It is common ground that the transfer was made by Shakuntla in favour of the donee after the 21st August, 1956, and that the donee is not a relation as prescribed in rule 23 -A of the Pepsu Tenancy and Agricultural Land Rules, 1958, which says that these relations "shall be the wife or husband, male or female descendants and the descendants of such female, father, mother, father's or mother's sister, brother and his descendants, mother's brother and his descendants, wife's brother and sister's husband". It is plain that a transfer or disposition made after the 21st August, 1956, has been made void and inoperative against the State Government and only three exceptions are provided for in this section, these being: