GARJA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Garja Singh and others (twelve in all) petitioners have filed the present writ petition under Articles 226 and 227 of the Constitution of India for the issuance of an appropriate writ, direction or order for quashing the order of the Financial Commissioner, Haryana, dated November 30, 1971.

(2.) The case of the petitioner is that Tikka Singh, petitioner No. 12, was a big landowner at the time of enforcement of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act). He held 101 standard acres 3-1/4 units of land in village Dehr, and another 102 standard acres 4-1/2 units in village Doomawala, both in tehsil Naraingarh, district Ambala. In consolidation proceedings his holding was increased to 106 standard acres 3-3/4 units in village Dehr and decreased to 78 standard acres 7 units in village Doomawala. Petitioner Nos. 1 to 11 are old tenants of Tika Singh petitioner and they are cultivating a part of his holding in village Dehr since before the commencement of the Act. The Collector Surplus declared 152 standard acres 1-1/4 units as surplus in the hands of Tikka Singh vide an ex parte order dated June 7, 1960. Thereafter, the Collector started review proceedings but vide order dated November 11, 1963, again declared the same area, that is, 152 standard acres 1-1/4 units, as surplus in the hands of Tikka Singh. On April 1, 1964, Tikka Singh moved a review application against the order of the Collector dated November 11, 1963, on the ground that there were tenants on his land and tenants' permissible area had not been excluded from his holding. Petitioner Nos. 1 to 10 also filed an appeal against the said order of the Collector but withdrew the same on November 4, 1964. Their request for review of the order of the Collector was turned down on November 8, 1965. The review application moved by Tikka Singh landowner was rejected on May 5, 1964. Petitioner Nos. 1 to 10 and 12 filed appeals against the order of the Collector dated November 8, 1965, which were rejected by the Commissioner, Ambala, on December 21, 1966. During the pendency of the proceedings before the Commissioner, petitioner Nos. 1 to 11 were dispossessed from a part of their tenancy area and the same was allotted to respondent Nos. 3 to 29.

(3.) Petitioner Nos. 1 to 10 did not agitate against the order of the Commissioner, Ambala, dated December 21, 1966, dismissing their appeal. Tikka Singh, petitioner (landowner) filed a revision before the Financial Commissioner against the order. Shri B.S. Grewal, Financial Commissioner, Haryana, passed the order dated January 25, 1967, which is reproduced below :-