HARI SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner seeks quashing of the orders (Annexures P-1, P-3 and P-4) vide which his land has been declared surplus. Prayer is made to restore the order, Annexure P-2 through which the mistake earlier committed was ordered to be corrected.

(2.) The petitioner is owner in possession of the land in village Balsambandh and Mirzapur in Tehsil and District Hisar. On 28.2.1980, the Prescribed Authority under the Haryana Ceiling of Land Holdings Act, 1972 (hereinafter referred to as "the Act") declared 11-1/2 acres of land belonging to the petitioner as surplus. While calculating this surplus land, the authorities took into account that the petitioner was holding 796.98 kanals of 'C' category land. The petitioner was held entitled to deduct the area of land sold by him vide sale deed, Ex.D2, which was on the basis of an agreement to sell before 24.1.1971 (the appointed date). The Prescribed Authority found that the sale made by the petitioner with respect to 223 Kanals 16 marlas of land was bonafide and so the petitioner was entitled to deduct this area while determining his surplus area. By taking the area sold to be 223 Kanals 16 Marlas, 148.32 kanals land was declared surplus at the hands of the petitioner. Copy of the order in this regard is Annexure P-1.

(3.) The petitioner would plead that the Prescribed Authority fell into error while granting exemption of the land sold out of his total holdings. Though the petitioner was holding 796.98 kanals but it was 'C' category land. The land sold bonafidely, which was to be excluded was to be taken into consideration after converting the same into 'C' category land. This, according to the petitioner, was not done. The petitioner, thus, would plead that the area of 223Kanals 16 marlas sold by him on conversion to 'C' category would come to be 350.16 kanals. This, as per the petitioner, is a clerical mistake by Prescribed Authority in making calculation about his land declared surplus.