HARI CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners pray for quashing of order dated 4.6.1960 passed by Collector Agrarian, Kaithal and order dated 9.8.1962 passed by the Collector Agrarian declaring 18th Std. Acres 54 units of land surplus at hands of the father of the petitioners. Plea is that these orders are illegal, unconstitutional and void being violative of principles of natural justice.

(2.) FATHER of petitioner No. 1 and grand-father of petitioners No. 2, 3 and 4, namely, Desa Singh son of Nanda was resident of Rohera, part of Tehsil Kaithal. He owned 48 Std. acre and 54 units of land as on 15.4.1953. On 4.6.1960, Collector Agrarian, Kaithal (respondent No. 2) declared 18 Std. acres and 54 units equivalent to 20 ordinary acres of land as surplus in the hands of said Desa. Copy of this order is at Annexure P-1.

(3.) THE counsel for the petitioners would contend that surplus case of Shri Desa has, thus, been decided for the first time on 1.9.1979 and this was also done without any notice to petitioner Nos.2, 3 and 4. Plea is that the petitioners have inherited the land of Desa before it was declared surplus on 1.9.1979 and no utilisation had taken place. Accordingly, it is pleaded that the petitioners would be entitled to the benefit of Section 10-A of the Punjab Security of Land Tenures Act, 1953. No area could be declared surplus in the hands of Desa son of Nanda on 1.9.1979 as he was dead and inheritance in favour of the petitioners would open. The petitioners had accordingly impugned the order dated 1.9.1979 being a nullity as it was passed without any notice to the petitioners.