BAHADUR RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are Bahadur Ram, his wife and three minor sons. It is alleged that Bahadur Ram formed a joint Hindu family with his sons and this family owned 146 standard acres 3-3/4 units of land in village Khatwan, tehsil Fazilka, district Ferozepore, in January, 1953. This land was being cultivated by several tenants at the time of the commencement of the Punjab Security of Land Tenures Act (hereinafter called the Act) and it formed part of the permissible area of those tenants of Bahadur Ram petitioner and his sons. On January 13, 1953, Bahadur Ram transferred 4/5th share of his entire land to his wife and sons by way of family settlement and the transferees took possession of the land. In March 1958, Bahadur Ram obtained forcible possession of the 4/5th share of the land which he had transferred to petitioners 2 to 5 in January, 1953 and petitioners 2 to 5 filed a suit for the possession thereof. The suit was decreed in June, 1958 and petitioners 2 to 5 again entered into possession. On the basis of the decree, mutation No. 147 was entered in the revenue records on July 12, 1958 and was sanctioned on April 11, 1959 and each of the petitioners came to be recorded as owner of 1/5 the of the land.

(2.) The Collector Surplus, Fazilka, respondent 5, declared 116 standard acres 3-3/4 units of the land as surplus by order dated August 25, 1962, a copy of which is Annexure 'A' to the writ petition. He allowed only 30 standard acres to petitioner 1, Bahadur Ram, and declared the rest of the land as surplus. The petitioners filed an appeal which was dismissed by the Additional Commissioner, Jullundur Division, by order dated June 1, 1963. A copy of this order is Annexure 'C' to the writ petition. The petitioners then filed a revision petition which was dismissed by Shri E.N. Mangat Rai Financial Commissioner, Development, Punjab, by order dated November 19, 1963, a copy of which is Annexure 'E' to the writ petition. This order was not passed in the presence of the parties or their counsel as the revision petition was heard on November 19, 1963 when judgment was reserved. After the receipt of the copy of the judgment, the learned counsel for the petitioners filed an application for review under Section 24 of the Act read with Section 82 of the Punjab Tenancy Act, 1887. This petition came up before Shri E.N. Mangat Rai on February 2, 1964 and the learned Financial Commissioner admitted the same and issued notice to the respondents. He also stayed proceedings for the utilization of the land by the Government. Later on, this review application came up for final hearing before Shri Saroop Krishan, Financial Commissioner, Planning, who had succeeded Shri E.N., Mangat Rai, and was dismissed by order dated April 21, 1964, a copy of which is Annexure 'H' to the writ petition. Feeling aggrieved, the petitioners have filed the present writ petition in this Court.

(3.) The grounds that are pressed before me at the hearing are given in clauses (ii) to (iv) of para 13 of the petition which are reproduced, below :-