NIKKA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India is directed against the order of the Collector declaring 14 standard Acres 10-3/4 Units of the petitioner's land as surplus.

(2.) It is common ground that the surplus area has to be declared in accordance with the provisions of the Pepsu Tenancy and Agricultural Lands Act, 1955. The petitioner's main grievance in the petition was that he had not been served with the draft statement. That objection is found to be untenable because the draft statement is thumb-marked by him.

(3.) The next contention, that has been advanced, is that Banjar Qadim land has been taken into account to determine the surplus area. Banjar Qadim land is not land within the meaning of the definition of 'land' in the Punjab Security of Land Tenures Act (10 of 1953), as held by this Court in Shri Nemi Chand Jain v. The Financial Commissioner, Punjab and another, 1964 66 PunLR 278. Therefore, this land could not be taken into account while determining the surplus area of the petitioner.