BALWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of Civil Writ Petitions Nos. 3903 of 1980 and 1269 of 1981 since parties thereto are almost the same and the relief sought is common.

(2.) Briefly stated, the facts as averred in these petitions are that Ude Singh son of Bhagwant Singh of village Moranwali owned 62.25 standard acres of land in villages Moranwali and Raju Majra before 21.8.1956. The area was to be regulated for surplus area purposes under the Pepsu Tenancy and Agricultural Lands Act, 1955. After 21.8.1956., Ude Singh apparently transferred to his wife Balwant Kaur 42.51 standard acres of land. The Surplus Area Collector, perhaps oblivious of the transfer, proceeded to determine the surplus area in the hand of Ude Singh permitting him to allow 30 standard acres of land as permissible area and the balance 32.25 standard acres was declared surplus. It is, however in dispute as to whether final statement was served on Ude Singh or not but the fact remains the Ude Singh died on 24.2.1970 and till his death or even thereafter the surplus area was not utilised. Thus, he remained in the eyes of laws the landowner thereof till his death and after his death his heirs which are now said to be his widow Balwant Kaur and her children from the loins of Ude Singh. The heirs of Ude Singh thus derived title to the land prior to the appointed day i.e. January 24, 1971, for the purpose of Land Reforms Act, 1972.

(3.) In order to undo the order of the Special Collector, Punjab dated 14.2.1963 (Annexure P.1 in both the petitions), Balwant Kaur the widow, filed a revision petition in the Court of the Commissioner, Patiala Division, Patiala unsuccessfully, as is apparent from order dated November 16,1979 Annexure P.2) to Civil Writ Petition No. 3903 of 1980. Side by side, it seemsshe filed an objection petition to get reopened the order of the Special Collector (Surplus Area) but was unsuccessful, as is apparent from the decision dated 11.10.1974 made by the Collector ( Annexure P.2 appended with Civil Writ Petition No. 1269 of 1981). She challenged that order before the Additional Commissioner, Patiala Division, Patiala unsuccessfully as the same was dismissed on 16.11.1979 vide order, Annexure P.3. Her revision petition to the Financial Commissioner joining with her two sons as co-petitioners and co-widow of Ude Singh as respondent too was dismissed on 6.11.1980 vide Annexure P.4 appended with the afore-referred to petition.