MUKANDI RAM Vs. BHAGWAN SINGH

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India by petitioner-landlords of village Ghazipur, tehsil Rajpura, calling in question the orders of Financial Commissioner of erstwhile Pepsu State dated 3rd October, 1955, and. 16th March, 1956, by which he held the mutation of July, 1947, effected by Naib Tehsildar in favour of the said landlords as void, ineffective and without jurisdiction and directed partition in view of Patiala and East Punjab States Union Abolition of Biswedari Ordinance, 2006 Bk.

(2.) The facts giving rise to the present petition were that on account of continuous friction between the landlords and the occupancy tenants in the State, His Highness the Maharaja of Patiala, promulgated Farman-i-Shahi on 11th March, 1947, directing that one-third of the land must be apportioned to the landlords and the two-thirds to the occupancy tenants. The tenants were thereafter to be considered as full owners of the said two-thirds. It was also ordered that in case of need, extra revenue staff was to be employed to give effect to the said directions. On 11th May, 1947, in implementation of the said Farman-i-Shahi special staff was appointed by the Revenue Minister to carry out the partition as contemplated by the Farman-i-Shahi. Mr. Bakhshish Singh Sodhi, Naib Tehsildar, was appointed in this behalf for the area of Rajpura, where the land in dispute was situated. In July, 1947, the partition between the present petitioner-landlords and the respondent-tenants was effected in keeping with the directions embodied in the Farman-i-Shahi and also in view of the parties agreeing to the same, but actual possession of the entire land remained with the tenants, for they had otherwise taken the land on mortgage with possession from the landlords. Necessary mutation was, however, effected in that behalf.

(3.) In the year 1949 Patiala and East Punjab States Union Abolition of Biswedari Ordinance, 2006 Bk. was promulgated. Landlords according to the said Ordinance were to be made entitled to one-fourth of the land only and the three-fourth was to be given in complete ownership to the occupancy tenants who were allowed to purchase the same on a nominal price. It appears after coming into effect of the said Ordinance, on 12th May, 1951, the Land Partition Commissioner, while finding that the proceedings taken by the Naib Tehsildar, Mr. Bakhshish Singh Sodhi, culminating in mutation effected in July, 1947 were not competent directed the matter to be reopened, and ordered that the matter be dealt with afresh under the new law (Patiala & East Punjab States Union Abolition of Biswedari Ordinance, 2006 Bk.). The tenants had also meanwhile applied for the redecision of the matter in view of and conforming to the provisions of the said Ordinance. On 18th November, 1954, the Agrarian Reforms Officer dismissed the occupancy tenants' claim holding that the partition proceedings already carried out by Mr. Bakhshish Singh Sodhi, Naib Tehsildar, were valid and proper having been completed before the Ordinance came into force and therefore could not have been reopened. Tenants took the matter to the Financial Commissioner in revision, who by his order dated the 3rd October, 1955, while allowing the revision set aside the order of the Agrarian Reforms Officer and held that the proceedings resulting in mutation dated 30th July, 1947, were not competent, for Mr. Bakhshish Singh Sodhi, being a Naib Tehsildar could not effect partition under the Revenue law. The case was remanded for a fresh decision according to law. The review petition to the Financial Commissioner having failed, the present writ petition appears to have been filed in the erstwhile Patiala and East Punjab States Union High Court on 21st September, 1956. The same remained pending and has now come up for disposal finally after integration of Punjab and Patiala and East Punjab States Union with the Punjab State.