JAGJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the writ petition is to the order dated 12.05.1995 (Annexure P-7) passed by the Financial Commissioner dismissing the revision filed by the petitioner against the order dated 20.08.1993 (Annexure P-6) passed by The Commissioner, Hisar Division, Hisar-respondent No.3 in appeal.

(2.) Mr. Suvir Sehgal, learned counsel appearing for the petitioners submits that the petitioners are the sons and daughters of Amarjeet Kaur (deceased) under the provisions of the Punjab Security of Land Tenures Act, 1953 (hereinafter called as the "1953 Act") proceedings for declaring the land surplus at the hands of Amarjeet Kaur were initiated. The report dated 30.10.1961 of the Circle Revenue Officer was submitted to respondent No.4 along with Form 'D' prepared by the Patwari. On the basis of the report, respondent No.4 namely The Collector, Surplus Area, Dabwali, District Sirsa vide order dated 30.10.1961 (Annexure P-1) declared 1598 ordinary acres/46.87 standard acres as surplus area in the hands of Amarjeet Court. This land fell under village Odhan, Ram Nagar, Salam Khera and Maleka.

(3.) Respondent Nos.5 to 12, being tenants, filed an appeal before the Commissioner-respondent No.3 alleging that they were tenants and their share was neither determined nor they were given any opportunity of hearing at the time of declaring the land of big landlady as surplus. Vide order dated 20.08.1971 (Annexure P-2), the Commissioner accepted the appeal and set aside the order, remanding the matter back to respondent No.4-Collector that the case should be decided afresh after visiting the spot and hearing all the parties concerned (emphasis supplied).