MANJIT KAUR Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) LEARNED counsel for the petitioner contends that 64.08 hectares of land of the petitioner had been declared surplus, but the respondent never took possession of the same. Resultantly, under the Punjab Land Reforms Act, 1972, it has not been vested in the State of Punjab and during this period the landowner has died and succession has opened. In view of the Full Bench decision in Ajit Kaur and others v. Punjab State and others, 1980 PLJ 354 in such eventuality surplus area in the hands of the heirs has to be re-determined. We find force in the submission of learned counsel for the petitioner. Consequently, in view of the admitted facts as observed above and the law laid down by the Full Bench decision, impugned order is quashed. Respondent is directed to determine afresh the surplus area in respect of the heirs of the deceased landowner. Petition accepted.