RAM KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE above mentioned two revision petitions have been filed under Section 18 of the Punjab Land Reforms Act, 1972, against the orders dated 5.9.1988, passed by the Commissioner, Ferozepur Division, Ferozepur, in the surplus area case of Smt. Chandi, resident of village Aulakh, Tehsil and District Faridkot. As, these revision petitions are interconnected, having similar facts and involving common point of law, so, it has been thought appropriate to club these petitions together; as such, the present order shall dispose of both the revision petitions, and a copy of the order shall be placed on each file.

(2.) THE relevant facts of this case are that, Smt. Chandi, widow of Anokh Singh, resident of village Aulakh, Tehsil Faridkot, who was a big landowner, owning 45.71 Standard Acres as on 21.8.1956, had failed to file her return as required under Section 32-B of the Pepsu Tenancy and Agricultural Lands Act, 1955; and the Collector Agrarian Reforms, Faridkot, after obtaining the information, through the Naib-Tehsildar, had served the draft statement on Smt. Chandi; and, after rejecting the objections raised by her, had finalised the draft statement declaring an area measuring 15.71 Standard Acres (34.29 ordinary ares), as surplus with her vide his order dated 5.5.1060. Against this order, Smt. Chandi had filed an appeal before the Commissioner, Patiala Division, Patiala, which was accepted vide Commissioner's order dated 27th September, 1960, as per which, the Collector's order was set aside, and the case was remanded to the Sub-Divisional Officer (Civil)-cum-Collector, Faridkot, for a fresh decision. On remand, the case was decided afresh by the Collector Faridkot, vide his order dated 28.12.1960, as per which, he had maintained the previous order dated 5.5.1960. Karam Singh etc. the co-sharers with Smt. Chandi in the joint-land, had moved an application on 18.6.1963, before the Collector, that the order dated 28.12.1960, be reviewed; but, this application was rejected by the Collector, vide his order dated 18.7.1963. An appeal against this order filed by Karam Singh etc., was also rejected by the Commissioner, Patiala Division, vide his order dated 16.6.1964. Against this order, Karam Singh etc., had filed the revision petition, which was accepted by the Financial Commissioner Taxation, Punjab, vide his order dated 23.2.1965; the operative part of which reads as follows :-

(3.) AGAINST this order, Smt. Chandi had filed an appeal before the Commissioner, Patiala Division, Patiala; which was accepted vide Commissioner's order dated 28.3.1966; as per which, the Collector's order dated 3.8.1965 was set aside, and the case was remanded to the Collector for a fresh decision, in the light of the observations made by him in his order. The follow-up on this order had taken long 21 years; as, in pursuance of this order, the Special Collector (Agrarian), Muktsar had decided this case vide his order dated 20.3.1987, the operative part of which reads as follows :-