STATE OF PUNJAB Vs. AJMER SINGH

JUDGEMENT

(1.) THE State of Punjab through the Collector Agrarian Reforms, Sunam, has filed the present revision petition under Section 39(3) of the Pepsu Tenancy and Agricultural Lands Act, 1955, read with Section 18 of the Punjab Land Reforms Act, 1972 against the order dated 17.5.1993, passed by the Commissioner (Appeals), Patiala and Ferozepur Divisions, Camp at Patiala, in the surplus area case of the respondent Ajmer Singh. The present revision petition dated 2.6.1994, was filed with a delay of 178 days and my ld. predecessor, while admitting the revision petition for hearing, had condoned the delay in the interest of justice and fair-play.

(2.) THE background of this case is, after the death of Bishan Singh son of Ram Baksh, resident of village Gidrani, Tehsil Sunam, a big landowner, his grand- son namely, Ajmer Singh son of Sarwan Singh had succeeded him, who owned 46 S.A. and 4-1/2 units of land on 21.8.1956; but he did not file the necessary return in respect of the land in Form VII-A, as required under Section 32-B of the Pepsu Tenancy and Agricultural Lands Act, 1955. The necessary information was collected through the revenue functionaries, and after due verification, an area measuring 16 S.A. and 28 units equivalent to 147 kanals and 12 marlas, was reckoned as surplus with Ajmer Singh, vide order dated 12.7.1966, passed by the Collector (Agrarian), Sangrur. Against this order, Ajmer Singh had filed a petition under Section 32-D(3) of the Pepsu Tenancy and Agricultural Lands Act, 1955 before the Commissioner, Patiala Division, Patiala, vested with the powers of the State Government, who had rejected the same vide order dated 1.9.1975. In view of the provisions of Section 32-D(5) of the Act ibid, the Collector's order dated 12.7.1966, declaring 16 S.A. and 28 units (147 kanals and 12 marlas) as surplus with Ajmer Singh had become final.

(3.) NACHHATTAR Kaur-minor daughter.