JAHANGIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Jahangir Singh petitioner has challenged the legality and propriety of the orders passed by the Collector, Hissar, dated 26th November, 1962, declaring some of the area of the petitioner as surplus. The said order was affirmed in appeal by the Commissioner vide order dated 8th July, 1964, a copy of which is Annexure 'A' to the writ petition. A revision petition against this order was dismissed by the Financial Commissioner vide order dated 2nd February, 1967, a copy of which is Annexure 'B' to the writ petition.

(2.) The impugned orders are challenged on the sole ground that the petitioner sold about 40 acres of land to Jagir Singh respondent on 13th September, 1957, and that this area has been included in the permissible area of the petitioner. It has been contended by Mr. Mann, the learned counsel for the petitioner, that the sold area should not have been included in the permissible area of the petitioner. There is no merit in this contention. It has been rightly held by the learned Commissioner that the petitioner made no reservation nor was any selection made by him. The area sold by him had to be included in his permissible area in the absence of any reservation or selection made by him. Moreover, the transfers could not affect the surplus pool. There was no bar under the Punjab Security of Land Tenures Act to sell the land but the said sale is subject to the condition that it will not affect the area in the surplus pool. It was on this ground that the sold area was included in the permissible area of the petitioner. No other point is urged.

(3.) For the reasons recorded above there is no merit in this petition and the same is hereby dismissed with no order as to costs.