SHAKTI SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner-Shakti Singh son of Ram Singh, is aggrieved of the impugned orders dated 07.12.2011 (Annexure P-3), 28.08.2009 (Annexure P-2) and 25.03.1994 (Annexure P-1) whereby prayer for declaring the surplus area of legal representatives of Ram Singh has been accepted.

(2.) Mr. Mani Ram Verma, learned counsel appearing on behalf of the petitioner submitted that the petitioner and his brothers Sardara Singh, Inder Singh, Rajan Karan, Deputy Singh and their mother Shanti Devi are the legal representatives of Ram Singh (since deceased), alleged big land owner, who unfortunately expired on 25.05.197 His land was inherited by his widow Shanti Devi and aforementioned five sons. The land situated in village Hisar, Hansi and Bawani Khera by his widow and five sons and the land situated in village Biran was inherited by his five sons by way of a civil court decree dated 06.05.197 The declaration form was filled in August, 1976 by Inder Singh son of Ram Singh brother of the petitioner and Shanti Devi was shown to be the head of the family in the declaration form Two brothers namely Sardara Singh and Inder Singh were shown major on the appointed date i.e. 23.11972 and three others including the petitioner as minors. The land shown to have been owned by all the six aforementioned was 1328 kanals 07 marlas shown equivalent to 1549 kanals 13 marlas of 'C' category. The land situated in village Biran was shown to have been 1124 kanals 1 marla, Bawani Khera 36 kanals 18 marlas, Hisar 140 kanals 2 marlas, Hansi 27 kanals 6 marlas.

(3.) In fact, the aforementioned Inder Singh had incorrectly filled the declaration form by showing Shanti Devi as head of the family whereas actually it was Ram Singh, therefore, all the six progenies become independent owners of their shares. The Special Collector, Haryana, Chandigarh vide order dated 25.01994 (Annexure P-1) assessed the aforementioned surplus case and by treating Shanti Devi as head of the family, they were granted three units, one for her own and minor sons and two for major sons Sardara Singh and Inder Singh. The aforementioned persons were proceeded ex parte granting three units and declaring 256 kanals 16 marlas 'C' category land as surplus.