OM PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE are two revision petitions filed under Section 18 of the Punjab Land Reforms Act, 1972 directed against the order dated 26.4.1995 passed by Sh. S.C. Aggarwal, Commissioner, Ferozepur Division, Ferozepur, whereby he accepted the appeal of Surja Ram, son of Chuni Ram, partly and modified the order dated 17.8.1994 of the Collector (Agrarian), Abohar to the extent that allotment of only 45 Kanals 10 Marlas of land be cancelled and the case was remanded to the Collector for redetermining the same.

(2.) THE brief facts of the case are that land measuring 72 kanals comprised in Rect. No. 73 killa No. 5(8-0), 6(8-0), 15(8-0), Rect. No. 74 Killa No. 2/1(4-0), 8/2(5-17), 9(8-0), 10(8-0), 11(8-0), 18(8-0), situated in the revenue estate of village Alamgarh, Tehsil Abohar was allotted to Surja Ram, son of Chuni Ram, resident of village Alamgarh, Tehsil Abohar by the Collector (Agrarian), Abohar, vide his order dated 4.9.1985 under the provisions of Punjab Utilization of Surplus Area Scheme, 1973, on the basis of sitting tenant on the said land. Thereafter, one Sh. Rajinder Kumar, son of Amin Chand, lodged a complaint dated 27.7.1994 before the Collector (Agrarian), Abohar, who after examining the complaint and the revenue record, sought permission of Commissioner, Ferozepur Division, Ferozepur, for cancellation of the land allotted to Surja Ram. After examining the matter, the Commissioner, vide his order dated 9.8.1994 granted permission to Collector (Agrarian), Abohar to review the allotment order after hearing the parties. After hearing and examining the revenue record regarding the allotment, the Collector vide his order dated 17.8.1994 cancelled the allotment of Surja Ram. Collector further ordered to get the land in favour of State of Punjab for further allotment to the eligible persons. Feeling aggrieved with the above order, allottee (Surja Ram) filed an appeal before the Commissioner, Ferozepur Division, Ferozepur, who after hearing both the parties through their counsel vide his order dated 26.4.1995 accepted the appeal of the allottee partly and modified the cancellation order of the Collector to the extent that allotment of only 45 Kanals 10 Marlas land is cancelled and the remaining 27 Kanals remained intact and the case was remanded to the Collector for redeciding the matter. Against the above order of the Commissioner, Sh. Om Parkash and Sh. Surja Ram have come up with the present revision petitions.

(3.) THE learned counsel for the petitioner in R.O.R. No. 391 argued that Sh. Surja Ram, Respondent No. 2 was not eligible for the allotment of land on 4.9.1985 under the provisions of Punjab Utilization of Surplus Area Scheme, 1973. He further mentioned that on 4.9.1995 when respondent sought allotment of land, he should not have been the owner of any land in the State of Punjab. In the present case, Sh. Surja Ram was the owner of 45 Kanals 10 Marlas of land which he got from the inheritance of his deceased father vide Mutation No. 1551 of village Alamgarh. The learned counsel further argued that the said mutation was entered on 9.5.1985 and sanctioned on 14.6.1985. He argued that Surja Ram played fraud with the Collector Agrarian, Abohar by suppressing this fact. In any case, Surja Ram cannot be considered as eligible person on the date of allotment and therefore, the Collector had rightly cancelled his entire allotment as he tried to mislead the court by making false averments. The learned counsel further argued that the learned Commissioner had wrongly held that there was no mala fide on the part of Surja Ram and allowed Surja Ram to retain 27 kanals of land. He pointed out the definition of eligible person which is reproduced below :