KARTAR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court for issuance of a writ of certiorari, or any other appropriate writ, order or direction that the order dated 22.08.1960 (Annexure P-1) vide which the Collector Agrarian, Patiala had determined the surplus area in the hands of Gujjar Singh deceased under the Pepsu Tenancy and Agricultural Lands Act, 1955 ceased to be operative after the commencement of Punjab Lands Reforms Act, 1972 and as well as for quashing of the impugned order of the Financial Commissioner, Punjab dated 11.09.2008 (Annexure P-5), whereby appeal of the Garib Dass and others have been allowed and order of the Commissioner, Patiala dated 14.05.2001 and of the Collector, Patiala dated 04.04.2001 (Annexure P-2), whereby application for restoration of the land to the petitioner was rejected.

(2.) Mr. Vikas Singh, learned counsel appearing on behalf of petitioner submits that Gujjar Singh grandfather of the petitioner owned land within the revenue estate of Village Ucha Gaon, Tehsil Patiala. The land in excess of the permissible limit was declared as surplus vide order dated 208.1960, in essence, despite having issued notice to Gujjar Singh, he did not appear and order was an ex parte but the possession of the land declared surplus, was not taken prior to the commencement of Punjab Land Reforms Act, 1972 (hereinafter to be referred as the Punjab Act) which came to be enforced on 004.1973, thus for all intents and purposes, land did not vest in the State of Punjab prior to the commencement of the Act.

(3.) On 20.02.1975, surplus area was allotted to the respondent Nos. 4 and 5 under the provisions of Punjab Utilization of Surplus Area Scheme 197 On account of default in the payment of the compensation, allotment was cancelled on 08.10.1980. On 01.02.1982, land was allotted to Puran Singh and etc. but during all this period, the possession was not taken, in essence, proceedings for allotment of the land remain pending and it was only on 19.09.1996, the land was again allotted to respondent Nos.4 and 10. Not only this, respondent also got the possession of land and transferred the same to Bela Singh and the proceedings for cancellation of the allotment were initiated owing to the violation of the conditions of the allotment i.e. Sec. 4-E of the Punjab Utilization Act but application of the petitioner was rejected by the Collector Agrarian vide order dated 24.04.2000.