ASHA BANSAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE four revision petitions have been filed under Section 24 of the Punjab Security of Land Tenures Act, 1953 read with Section 84 of the Punjab Tenancy Act, 1887 against the order dated 8.6.1992 passed by the Commissioner, Hisar division vide which he dismissed the appeals against the orders dated 5.10.1989 passed by the Collector SA, Sirsa. Since, facts and the legal points raised are the same in all these four revision petitions and the Commissioner, Hisar Division had also disposed of the four appeals together, these revision petitions are being disposed of with this single order.

(2.) BRIEFLY stated, the facts of the case are that land measuring 111.74 O.As was declared surplus in the hands of Shri Ram Parkash, landowner under the Punjab Security of Land Tenures Act, 1953. On his death on 2.1.1966, his legal heirs, namely, Shiv Mohan, Jag Mohan and Rajinder Mohan sons; Shanti Devi widow; and Kanta Devi, Kusum Lata and Suman Lata, daughters filed an application under Section 10-A(b) of the Act and the Collector Surplus Area, Sirsa vide his order dated 18.3.1971 held the seven heirs of Ram Parkash as small landowners. Kalu Ram one of the tenants filed an appeal against the order dated 18.3.1971 passed by the Collector Surplus Area before the Commissioner, Hisar Division who set aside the order dated 18.3.1971 and remanded the case for fresh decision after hearing all interested parties. The Collector SA, Sirsa sent the case to Special Collector Haryana on the ground that legal heirs of Shri Ram Parkash owned land in two districts of Hisar and Sirsa. The Special Collector heard the case on merit and decided the case vide his order dated 19.9.1986. Aggrieved by the order dated 19.9.1986, Smt. Shanti Devi etc. landowners, Shri Het Ram etc. tenants and Kalu Ram tenant filed appeals before the Commissioner, Hisar Division. Commissioner, Hisar division vide his order dated 16.10.1987 set aside the order dated 19.9.1986 passed by the Special Collector and remanded the case to the Special Collector, Haryana with the direction that he should hear the concerned parties and take evidence before deciding the case on merits; this should be seen as to how much land was owned by the legal heirs of Ram Parkash on 15.4.1953 and in case they had concealed any land, what action could be taken under Section 5-C. He also desired that effect of transfer of land by Shiv Mohan etc. on this case should also be examined. The Special Collector heard this case and came to the conclusion in his order dated 30.6.1988 that the case fell in the jurisdiction of Collector Surplus Area, Sirsa. Accordingly, he sent (Special Collector has used the term 'remand') the case to the Collector Surplus Area, Sirsa for decision according to law. He also directed in the order that Collector SA, would keep in mind observation of the learned Commissioner, Hisar made in his order dated 16.10.1987 regarding action to be taken under Section 5-C of the Act. Collector SA, Sirsa vide his order dated 5.10.1989 declared Shiv Mohan, Jag Mohan and Rajinder Mohan sons of Ram Parkash as big landowners and imposed penalty as per Section 5-C and left 10 std. acres of land to each of them as their permissible area and held that area sold before 30.7.1958 would be included in the permissible area of 10 std. acres. In a separate order, also dated 5.10.1989 the remaining heirs, namely, three daughters, and widow of Ram Parkash were declared as small landowners. Four appeals were filed before the Commissioner, Hisar Division, Hisar against the order dated 5.10.1989 passed by the Collector SA, Sirsa. All these four appeals have been dismissed by the Commissioner, Hisar Division vide his order dated 8.6.1992. Hence the present revision petitions.

(3.) THE learned counsel for the respondents 2, 4 and 5 argued that the petitioners were big landowners on 15.4.1953 and they had not disclosed this fact to the revenue authorities. This fact came to the notice of the revenue authorities only when Kalu Ram filed an appeal against the order dated 18.3.1971 passed by the Collector Surplus Area. Therefore, penalty has been rightly imposed upon the sons of Ram Parkash, viz., Rajinder Mohan, Jag Mohan and Shiv Mohan. He said that Special Collector could have considered these cases also and therefore, his order dated 30.6.1988 was not without jurisdiction. He cited ruling 1968 PLJ 176 in this context and since the petitioners did not come with clean hands, a lenient view cannot be taken and penalty has been rightly imposed under Section 5-C.