PAT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition has been filed by Pat Ram, petitioner under Paragraph 13 of the Haryana Utilisation of Surplus and Other Areas Scheme, 1976 read with Section 18(6) of the Haryana Ceiling on Land Holdings Act, 1972 against the orders dated 18.1.1978, 28.7.1986 and 28.2.1989 passed by the Prescribed Authority, Dabwali, Collector Sirsa and the Commissioner, Hisar Division, Hisar respectively.

(2.) THE facts of the case in brief are that 39 kanals and 7 marlas land comprised in Rect. No. 86 situated in village Khai Shergarh which had been declared surplus in the hands of Smt. Dakhan was allotted to respondents No. 2 to 4 of 'E' category by the Prescribed Authority, Dabwali vide his order dated 18.1.1978. The appeal filed by the petitioner against the order of the Prescribed Authority, was dismissed by the Collector vide his order dated 28.7.1986. Aggrieved by the orders of the Prescribed Authority and the Collector, the petitioner filed a revision petition before the Commissioner Hisar Division, who dismissed the same vide his order dated 27.2.1989. Hence the present revision petition.

(3.) THE learned Deputy District Attorney appearing on behalf of the State argued that the petitioner was not a tenant of 'CC' category. He had filed the appeal before the Collector against the allotment on the ground that he is vendee of the land in dispute and not a tenant and since he did not make a claim as a tenant, his appeal was rightly dismissed by the Collector.