SURJAN SINGH Vs. TEJA SINGH

JUDGEMENT

(1.) THE present is a revision petition under Section 18 of the Punjab Land Reforms Act, 1972, read with Section 84 of the Punjab Tenancy Act, 1887, against the order dated 3-4-1995, passed by the Commissioner (Appeals), Patiala Division, Patiala in a case of utilization of surplus area.

(2.) THE facts as revealed from the record are, that, surplus land measuring 33 Kanals comprised in Khasra No. 73//15/3/2, 16/8-00, 73//17/1/1- 00, 72//11/2/4-00, 72//12/2/2-00, 72//20/8-00, and 21/8-00, situate at village Qilla Hakiman, Sub-Tehsil Dhuri, Tehsil Malerkotla, District Sangrur, was available for utilization under the provisions of the Punjab Utilization of Surplus Area Scheme, 1973, after the allotment made to the previous allottee Nazar Singh was cancelled by the Collector (Agrarian), Malerkotla vide his order dated 4-5-1988. The Naib Tehsildar, Dhuri, as Circle Revenue Officer had invited applications from the eligible persons for the allotment of this land, and after considering the six applications received for that, had recommended for allotment the name of Surjan Singh son of Ganda Singh, in terms of the provisions of Sub-paragraph (a) of paragraph 6 of the Punjab Utilization of Surplus Area Scheme, 1973, hereafter, to be called as Utilization Scheme, 1973, to the Collector (Agrarian), Malerkotla, as per his report dated 11.7.1988. In his report, the Circle Revenue Officer, Dhuri, had stated that : "Teja Singh son of Kartar Singh a Jat, belongs to village Herron, (Tehsil Budhlada, District Mansa) his ancestral village, and his wife and two sons own land in village Quilla Hakiman; and, in his ancestral village Herron, his father Kartar Singh owns land; that earlier applications made for allotment of the surplus land by Teja Singh were rejected twice on 4.6.1975 and 22.9.1980, by the concerned Collector, and he is not eligible for allotment of this land and his application deserves rejection".

(3.) AGGRIEVED by this order, Surjan Singh had filed an appeal before the Commissioner (Appeals), Patiala Division, Patiala, which was rejected as per his order dated 3.4.1995, and the oprative part of his order reads as follows :-