RAWAT GIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Civil Writ Petition Nos. 3091 and 3128 of 1978 had come up for hearing along with a set of five hundred and thirty-four Civil Writ Petitions in which primarily a challenge was laid to the provisions of Sections 18(7), (8) and (9) of the Haryana Ceiling on Land Holdings Act, 1972. Learned counsel for the petitioners concedes that the aforesaid point is now concluded against them by the elaborate Division Bench judgment in C.W.P. No. 3366 of 1977 - Chand etc. v. The State of Haryana etc, 1978 PunLJ 277 decided on the 18th of August, 1978 :

(2.) At the stage of the earlier hearing and even now the stand of the learned counsel for the petitioners, however, is that apart from the aforesaid legal issues, both the writ petitions have distinguishing features on merits which call for consideration. We have, therefore, heard Mr. Nagpal afresh at considerable length.

(3.) Learned counsel for the petitioners concedes that the surviving point in both these writ petitions is identical and reference may, therefore, be made only to C.W.P. No. 3091 of 1978 and the order therein would equally govern the other case. It is equally unnecessary to advert to the facts in any great detail. Suffice it to mention that Rawat Gir petitioner was admittedly a big land-holder and a substantial part of the area in his hands was declared surplus as far back as the year 1961. It is, however, alleged that the State did not utilise the area declared as surplus till the commencement of the Haryana Ceiling on Land Holdings Act, 1972. Vide Annexure P.I/T a part of the area declared surplus has been allotted to tenants in accordance with the rules and the scheme for utilisation of surplus area.