TEJ RAM Vs. STATE OF HARYANA ETC

JUDGEMENT

(1.) Bhulle, father of respondents 6 and 7 to this petition, was a big landowner and vide order dated 28th January, 1960 of the Collector, Palwal, 7 standard acres and 12 units of land were declared surplus with him. Out of this surplus land, 5 standard acres was allotted to Tej Ram petitioner on 4th August, 1971. He took possession of the same from the revenue authorities on 27th April, 1972.

(2.) The Secretary to the Haryana Government in the Revenue Department wrote a letter on 17th June, 1976 to the Deputy Commissioner, Mohindergarh, copy of which has been appended as Annexure P-3 to the petition, wherein he advised the Deputy Commissioner to take action in exercise of the powers conferred by Section 24 of the Punjab Security of Land Tenures Act, 1953 and Section 81 of the Punjab Tenancy Act, 1887 and the illegal allotment to Tej Ram petitioner may be cancelled. The petitioner is aggrieved by this communication from the aforesaid Secretary to the Deputy Commissioner. The learned counsel for the petitioner has contended that this is a direction issued by the Secretary to the Deputy Commissioner to canel the allotment of the petitioner, which is wholly without jurisdiction and has been passed at the back of the petitioner and so it should be set aside.

(3.) Another set of facts is that Bhulle, father of respondents 6 and 7, filed a revision petition before the Collector 1st Grade, Palwal, for the cancellation of the allotment of land to Tej Ram tenant-petitioner stating that the allotment had been illegally made to him and that he was not eligible to it. After making a detailed enquiry, the Collector, Palwal, passed an order in these proceedings on 17th March, 1976 whereby he held that the allotment to Tej Ram petitioner was not in accordance with law and hence the same should be not in accordance with law and hence the same should be got cancelled under Section 84 of the Punjab Tenancy Act, 1887. He forwarded the file to the Collector, Gurgaon, for necessary action. It may be mentioned here that this order was passed by Shri C.S. Rana, Sub-Divisional Officer (Civil), Palwal, exercising the powers of Collector. He has not passed any final order. He has passed merely a recommendatory order.