BANSI LAL Vs. WARYAM SINGH

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition Nos. 2186, 2187 and 2188 of 1964 as similar questions of law and fact are involved.

(2.) Bansi Lal has filed these petitions under Article 226 of the Constitution of India for the issuance of a writ, order or direction quashing the orders of the Commissioner and the Financial Commissioner dated the Ist/23rd January, 1964, and the 25th June, 1964 (copies annexures 'C' and 'D' to the petitions) respectively.

(3.) Briefly the facts of the case as stated in the Civil Writ Petition No. 2187 of 1964 are that the petitioner was the owner of 72 standard acres 10-1/4 units of land situated in village Mulana Patti Bagherru (Mullana) Khera, Jharu Majra, Uplana, Barara, Gokal Garh and Narain Garh on the 15th April, 1953, out of which an area measuring 3 standard acres and 15-1/2 units was a garden. During consolidation proceedings the area of the petitioner increased and he was allotted 76 standard acres and 1/2 unit in addition to 4 standard acres and 7-1/2 units as garden area. The Collector, Ambala, started the proceedings for the declaration of the surplus area and on the 27th June, 1960 declared 32 standard acres and 9 units of land of the petitioner as surplus. As the order had been passed in the absence of the petitioner, an application for review of the order was made by him (petitioner) to the Collector. The order dated the 27th of June, 1960 was reviewed vide his order dated the 30th of June, 1960 by which the petitioner was allowed to select his permissible area.