JASMER SINGH BHATTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jasmer Singh Bhatti in this petition filed under Article 226 of the Constitution of India prays for issuance of a writ of certiorari quashing orders Annexures P2 and P3 passed by Collector Agrarian, Rajpura, and the Financial Commissioner (Appeals) Punjab whereby some of his land was declared to be surplus.

(2.) The petitioner owns some agricultural land in village Jeoli and Tardak, Tehsil Dera Bassi, District Pataila. His wife Shmt. Reshmi Devi also owns some land. His son Bandhupal Singh was born on 22nd September, 1962, and was a major when he filed this petition. There was no land in his name. The total holding of the petitioner and his wife was 15.98.06 hectares out of which 0.03.38 was Gair Mumkin leaving a balance of 15.95.28 ordinary hectares. Since the entire land was Barani, in terms of standard hectares it was 5.42.19. In this manner, the petitioner claimed to be a small land-owner under the provisions of the Punjab Land Reforms Act.

(3.) The petitioner was holding another piece of land measuring 141 Bighas 4 Biswas, entered in the revenue record in the ownership of Shmt. Angoori Devi, respondent No. 5. The petitioner was neither the tenant nor mortgagee of this land. However, he claimed to have become owner of this land by virtue of a Will left by Jai Singh, father of Shmt. Angoori Devi, who was the original owner. The petitioner also claimed adverse possession over this land for more than 12 years. There was dispute regarding this piece of land between the petitioner and Smt. Angoori Devi in the civil court. The suit filed by the petitioner was dismissed and the appeal was stated to be pending in the court of Additional District Judge Patiala.