SARUP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On July 30, 1999 only CM application No. 15215 of 1999 moved by respondent No. 5, was fixed for hearing. It was thought appropriate that instead of spending time in hearing the Misc. Application, it will be in the interest of justice to dispose of the writ petition itself. Counsel for the parties had no objection to such a course being adopted and consequently they were heard on merits in the writ petition.

(2.) Briefly, the facts of the case are that respondent No. 5 M/s. Bhagat Industrial Corporation Limited own some agricultural land in village Chak Mukand and Rampura. Vide order dated December 16, 1977, the then Collector, Agrarian, Amritsar, declared 13.32 hectares of the agricultural land of respondent No. 5 surplus. 7 hectares of land belonging to respondent No. 5 was declared to be permissible area. Respondent No. 5 aggrieved by the order of the Collector, Agrarian, dated December 16, 1977, filed an appeal before the Commissioner, Jalandhar Division. However, the appeal was dismissed on April 29, 1983. Even further revision to the Financial Commissioner (appeals) was also dismissed on October 4, 1983. Respondent No. 5 did not feel satisfied with the orders of the Revenue authorities as aforesaid and agitated the. matter by filing CWP No. 5034 of 1983 in this Court. The same was dismissed by a Division bench on April 18, 1984.

(3.) The official respondents herein have not chosen to file any reply, most probably they have no defence to offer. However, respondent No. 5 has filed the reply and in para 6 of the written statement it has been averred as under: