RAM CHAND Vs. THE PUNJAB STATE AND ORS.

JUDGEMENT

(1.) RAM Chand has filed this petition under Articles 226 and 227 of the Constitution of India for the issuance of an appropriate writ, order or direction, quashing the orders of the Collector, the Commissioner, and the Financial Commissioner, dated 21st September, 1962, 5th February, 1964, and 29th March, 1965, respectively.

(2.) THE brief facts on which there is no dispute are that the Petitioner owned 101.65 Ordinary Acres 31.59 Standard Acres of land and the Collector, Respondent No. 4, by his order dated 10th June, 1961, had allowed the Petitioner to retain 96.56 Ordinary Acres/30 Standard Acres as his permissible area and the remaining area was declared surplus. The order dated 10th June, 1961 was passed by the Collector following the decision of the Financial Commissioner in Mahia and Ors. v. Dalip and Ors., 1961 L.L.T. 11. However, the decision in Mahia's case, 1961 L.L.T. 11, did not remain a good law and the settled law now is that a non -displaced person would be entitled to 30 Standard Acres as his permissible area, but if these 30 Standard Acres on conversion into Ordinary Acres, exceeded 60 Acres, then he would be entitled only to 60 Acres. In view of the changed interpretation of law, the Collector reopened the matter and by the impugned order, reviewed his previous order dated 10th June, 1961 and allowed the Petitioner to retain 60 Ordinary Acres only and the rest of the area was declared surplus.

(3.) AFTER giving my thoughtful consideration to the entire matter and to the relevant provisions of law, I am of the view that there is considerable force in the contention of the learned Counsel for the Petitioner, and the question referred to above has to be answered in the negative. The relevant provisions of law with which we are concerned are Section 24 of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act) and Section 82 of the Punjab Tenancy Act, 1887 (hereinafter referred to as the Tenancy Act). which read as under: