INDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a writ filed by Inder Singh, his wife Shrimati Neeta Kaur, their two sons and their wives, relating to the agricultural land of Inder Singh petitioner in village Kurali, tehsil Rajpura, district Patiala, which had been declared surplus by the authorities under the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as the Pepsu Act).

(2.) Inder Singh petitioner was a big landowner and the Collector, Agrarian Reforms, Rajpura, vide his order dated January 20, 1961, declared 34.35 standard acres of land surplus with him under the Pepsu Act. Inder Singh filed objections and agitated against the order declaring his area surplus. He lost and the order of the Collector was maintained up to the Supreme Court in about 1969 or 1970. The surplus area with Inder Singh remained in his possession under the stay orders issued by the authorities under the Pepsu Act or the Courts. The Punjab Land Reforms Act, 1973 (hereinafter referred to as the Reforms Act), came into force in April, 1973, and apprehending dispossession from the land found surplus with Inder Singh under the Pepsu Act, he and his family members filed the present writ in November, 1973, wherein their substantial prayer is that the benefit of permissible area which is allowed in respect of a major son of a landowner under the Reforms Act should be given in their case as well. Karnail Singh and Nirmail Singh petitioners are major sons of Inder Singh petitioner.

(3.) The writ has been contested by the State as also by other respondents who have since been allotted the area found surplus with Inder Singh under the Pepsu Act.