LEHRI Vs. STATE OF HARYANA

JUDGEMENT

(1.) CIVIL Writ Petition No. 4596 of 1981, C.W.P. No. 1601 of 1982 and C.W.P. No. 1324 of 1981 raise same question of law. Therefore, these are being disposed of together by this common judgment.

(2.) THE petitioners in these three writ petitions are claiming to be the tenants of the land of Milawa Ram, landowner, even prior to 1953. It is an admitted case that surplus area of the big landowner has been determined under the Haryana Ceiling on Land Holdings Act, 1972, (hereinafter referred to as the 'Act'). In the year 1976, the Government framed rules for disposal of the surplus land/area which have become vested in the Government. Admittedly, no notice was given to any of the petitioners who claim to be the tenants of the land which has been declared surplus. Under the Haryana Utilisation of Surplus and Other Areas Scheme, 1976 (hereinafter referred to as 'the Scheme') as amended in 1979 the old tenants should be given preference if they fulfil the conditions under the scheme. While utilising the surplus area, it does not appear that any notice was given to the petitioners. Without issuing any notice, the land which has been under cultivation of the petitioner, has been allotted to the private respondents. This is contrary to the policy of the Government as enunciated in the scheme, as amended in 1979. The claim of the petitioners has not been considered by the authorities taking into account the provisions of the scheme. I am, therefore, of the opinion that it will be appropriate to remand these matters to the appellate authority, Hissar for fresh disposal of the matters. This view of mine also gets support from the decision of this Court in Angrej Singh and others v. The State of Haryana and others, 1993(1) RRR 238(P&H) : 1992 PLJ 627 wherein it has been held as follows :-