JARNAIL SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition No. 440 of 1973, filed by Jarnail Singh and five others, and Civil Writ Petition No. 3161 of 1973, filed by Jugraj Singh and six others, under Articles 226 and 227 of the constitution, for quashing the impugned orders, passed by the Commissioner and the Financial Commissioner, Annexures 'F' and 'G' respectively.

(2.) One Sodhi Lal Singh (hereinafter to be called the landowner), who died on October 23, 1970, held land in three villages, namely, Dila Ram, Tehsil Ferozepur, Jogewala, Tehsil Zira, and Sibian, Tehsil Moga, measuring 296 standard acres and 18-1/2 units appreciated to 318 standard acres and 2-3/4 units, after consolidation. He did not exercise the right of reservation according to the provisions of the Punjab Security of Land Tenures Act, 1953 (hereinafter to be called the Act). However, he made a selection in 1958. On September 7, 1961, the landowner submitted an application before the Collector for the purpose of making a change in the previous selection. By this change, considerable land comprised in the tenancy of Sucha Singh and Dalbara Singh, tenants, was sought to be included in the reserve area of the landowner. In this application, it was averred that Sucha Singh, tenant, had already been ejected from the land which was proposed to be included in the selected area and that no regular tenant will be affected by the proposed change. On the basis of these averments, the Collector allowed the change in the selection of the area the same day. The order (Annexure 'A') was passed according to which 30 standard acres was allowed to the landowner and an area of 238 standard acres and 9-3/4 units was declared surplus. At the time of allowing the change in the selection and before the issuance of the order (Annexure 'A'), Dalbara Singh, tenant, respondent No. 4 and Sucha Singh, tenant-respondent, who is now represented by his heirs, respondent Nos. 5 to 9, were not served any notice, nor was their consent taken. After the issuance of the order (Annexure 'A'), the landowner submitted an application on July 7, 1962, for ejectment of Sucha Singh and Dalbara Singh, tenants, under Section 9(1)(i) of the Act, and the order of ejectment was passed by the Assistant Collector, First Grade, on June 6, 1963 (Annexure 'B'). On appeal by the tenants, the Additional Deputy Commissioner and Collector, by his order, dated October 16, 1963, set aside the order of the Assistant Collector, and remanded the case for de novo decision after going into the validity of the reservation made by the landowner. Against this, the appeal by the landowner was dismissed by the Commissioner on January 29, 1964 and the revision petition against the same was also dismissed by the Financial Commissioner on July 10, 1964. However, the Assistant Collector, First Grade, by his order, dated May 10, 1965, again ordered the ejectment of the tenants. Appeal was again submitted by the tenants and the case was again remanded, but on remand, the Assistant Collector, First Grade, again passed the order of ejectment against the tenants, by his order, dated April 4, 1966 (Annexure 'D'). Appeal of the tenants having been dismissed by the Collector on July 11, 1966, revision petition was filed by them before the Commissioner. The learned Commissioner, by his order, dated November 26, 1969 (Annexure 'F'), held that change in the selection of the land permitted by the Collector by his order (Annexure 'A') was illegal, being without the consent of the tenants and recommended to the learned Financial Commissioner for quashing the orders of the collector and the Assistant Collector, First Grade, by which the selection had been made and the order of ejectment had been passed. This recommendation was accepted by the learned Financial Commissioner vide his order, dated August 24, 1972 (Annexure 'G') and it was held as under :

(3.) The petitioner Nos. 1 to 5, in Civil Writ Petition No. 440 of 1973, are the transferees of the land on the basis of a registered sale deed, dated January 7, 1966 and according to their averments in paragraph 8 of the writ petition, Sucha Singh and Dalbara Singh, tenants, were ejected from their lands in pursuance of the order of ejectment dated June 6, 1963 (Annexure 'B'), and these petitioners were put in possession. Petitioner No. 6 purchased some land out of this land from petitioner Nos. 1 to 5, his sons, according to the reply filed by the tenants, which has not been denied by the petitioners in their replication or otherwise. According to the averments of the tenants in their reply, Khasra Nos. 3195, 3196, 3197, 3203 and 3210 comprised in the tenancy of Dalbara Singh, tenant, are not included in the land purchased by the petitioners. Similarly, land bearing Khasra Nos. 3175, 3223, 3165, 3235, 3236, 3237/1 and 3125, comprised in the tenancy of Sucha Singh, tenant, was not included in the land purchased by the petitioners and that only Khasra Nos. 3179, 3182, 3177, 3178, 3176, 2977, 2978, 2980, 2985, 2987, 2988, 3017 and 3132, under the tenancy of Sucha Singh, were included in the land purchased by the petitioners.