SANTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is a landowner in village Abub Shahr, Tehsil Sirsa, District Hissar. He also owned land in village Beriwala and Chak Gandhasinghwala, tehsil Muktsar, district Ferozepur. He has two sons Mukhtiar Singh and Kartar Singh who were previously living with him and also cultivated the land jointly with him. The petitioner formed a joint Hindu family with his sons. Some dispute arose between the father and the sons and the petitioner gave about 23 standard acres of land situate at village Beriwala and Chak Gandhasinghwala to his sons in the year 1952 and also handed over the possession of the land to them. After the land was given to his sons he was left in possession of only about 10 standard acres in village Abub Shahr which were below the permissible area. For this reason did he not file any return of his holding under the Punjab Security of Land Tenures Act, 1953 (hereinafter called the Act). The petitioner also did not receive any notice from the Special Collector, Punjab, Chandigarh requiring him to file the return of his land. The Special Collector, Punjab, however, declared 10 standard acres 6-4/3; units of his land as surplus by order dated September 21, 1960 a copy of which is Annexure 'A' to the writ petition. It is alleged by the petitioner that he was never given any notice by the Special Collector before passing the order and that he came to know of this order only a few days prior to the filing of the writ petition from the Patwari of the village who told him that 10 standard acres 6-3/4 units of his land had been declared surplus and he should deliver possession of the same failing which he would be dispossessed with the help of the police within a week's time. The petitioner then came to Chandigarh and filed the present writ petition on June 15, 1964. It came before learned Vacation Judge on June 17, 1964 when his dispossession was stayed till the matter came up before the Motion Bench. The writ petition was admitted by the Motion Bench on July 21, 1964 and the stay already granted was continued.

(2.) The returns to the writ petition have been filed by L. Isa Dass, I.A.S., Deputy Secretary to Government, Haryana, Revenue Department, and by Shri Amar Singh, Under Secretary to Government, Punjab, Revenue Department, presumably for the reason that the land of the petitioner was situate in tehsil Muktsar in the State of Punjab and in village Abub Shahr in the State of Haryana. It has been stated in the return filed by Shri Amar Singh that the land in village Abub Shahr was under the self-cultivation of the petitioner. The petitioner has admitted this fact even in his writ petition. It is then submitted that the petitioner had made a statement before the Naib Tehsildar, Sirsa, on August 12, 1960 in which he had stated that he transferred his land in villages Beriwala and Chak Gandhasinghwala to his sons about 3-4 years back.

(3.) It is not shown under which provision of law did the Naib Tehsildar, Sirsa, record his statement and what was the nature of the proceedings before him. Since the lands alleged to be owned by the petitioner were situate in different districts the proceedings for declaring his land surplus were to be taken by the Special Collector, Punjab. From the orders of the Special Collector, it is evident that a notice was sent to him under registered cover for September 20, 1960 and this was received back with the report that the addressee had left the village for unknown place. The learned Special Collector did not make any other effort to serve the petitioner but he proceeded with the assessment of his surplus area. His observation is :-