HAR LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition is filed to quash the orders of the respondents vide Annexures P-5, P-3 and P-2 dated 4. 8. 1982, 10. 4. 1981 and 20. 11. 1979 respectively.

(2.) THE petitioner was a land owner holding land of 81 kanals 19 Marlas in Village Ban Mandori and 575 Kanals 12 Marlas in village Jakhod Khera. He filed a declaration for determining surplus area under the provisions of the Haryana ceiling on Land Holding Act. The petitioner has two wives and six children (four sons and two daughters ). According to the petitioner, out of the six children, only one son namely Nathu was major on the appointed day i. e. 24. 2. 1971. The other three sons and one daughter namely Guddi was born on 27. 9. 1972 i. e. after the appointed day. As the petitioner was holding lands in two different Sub Divisions, his surplus area case was decided by the Prescribed Authority namely Special Collector, Hissar. The petitioner claimed one unit for himself and one separate unit for his major son and also one additional unit for his 2nd daughter namely Guddi who was born after the appointed day. But the prescribed Authority namely the Special Collector, Hissar, by his order dated 27. 11. 1979 vide Annexure P-2 held that the petitioner's major son Nathu was not residing with him in village Jakhod Khera and did not allow a separate unit for his adult son Nathu. He also did not allow the additional unit for his second daughter who was born on 27. 9. 1972 i. e. after the appointed day. Accordingly the Special Collector, Hissar decided that the petitioner was entitled to 510. 40 Kanals of 'c' category land and declared 333. 18 kanals of land as surplus. Against the aforesaid order of the Special Collector, the petitioner filed an appeal before the Commissioner, Hissar, Division, who rejected his appeal by his order dated 10. 4. 1981 vide Annexure P-3. The further revision filed by the Petitioner before the Financial Commissioner was also rejected vide Annexure P-5 dated 4. 8. 1982. The petitioner, therefore, filed the present writ petition to quash the orders of the authorities below and for a direction to allow a separate unit for his adult son and an additional unit for his 2nd daughter who was born on 27. 9. 1972.

(3.) SECTION 3 (q) of the Haryana Ceiling on Land Holdings Act (hereinafter referred to as the 'act) defines a separate unit as follows: