PARTAPA Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The dispute between the parties to this petition relates to allotment of surplus area in village Dandrala Dhindsa district Patiala. Among the applicants to the surplus area were the petitioner Partapa of the adjoining village, Todarwal, and Indar Singh respondent No. 3, a local resident, both of whom were admittedly cultivating land as tenants in their respective villages and were liable to eviction under section 7-A of the Pepsu Tenancy and Agricultural Lands Act, 1955. It is also an admitted fact that both of them were entitled to allotment of alternative land in view of the proviso to sub-section (1)(b) of section 7-A of the Act before they could be ejected from their holdings. On consideration of their respective claims, the Collector Agrarian by his order, dated the 12th March, 1962, allotted 19 Biswas of surplus area to Indar Singh respondent and 5 S.As. to Partapa petitioner. It, however, now appears that since Partapa petitioner came last in the order of allotment, he did not get the entire area of 5 S.A. but only 4.48 S.A.

(2.) Feeling aggrieved, Indar Singh preferred an appeal to the Collector, Patiala, contending that he was entitled to allotment of 22 Bighas 3 Biswas of land and not merely 19 Biswas. The Collector, however, did not accept his plea and dismissed the appeal with the following observations :-

(3.) A petition for revision against this order of the Collector, dated 11th September, 1962 (annexure A) was, however, accepted by the learned Financial Commissioner on 18th April, 1963. Relying upon the entries in the Khasra Girdawari of the year 1958-95), in which Indar Singh, the present respondent, was recorded as being in cultivating possession of 22 Bighas 5 Biswas of land as tenant, the learned Financial Commissioner held that he was entitled to the allotment of the surplus area to this extent and not only to 19 Biswas of which he was recorded as tenant in the Khasra Girdawari of the year 1957-58. The relevant part of his order runs thus :-