RANBIR SINGHS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both these appeals are being disposed of by a common judgment since both the appeals arise out of a judgment of the learned Single Judge of this Court dated 17th July, 2007 whereby he allowed the writ petition being CWP No. 1543 of 2002 filed by the present respondent No. 4 and setaside the orders passed by the learned Authorities. Briefly stated the facts of the case are that the respondent No. 4, Kuldip Singh is an heir of late Sh. Joginder Singh. It is not disputed that some land belonging to Joginder Singh was declared surplus under the Himachal Pradesh Ceiling on Land Holdings Act, 1972 (her-in-after referred to as the Act). Joginder Singh did not exercise his option to declare the land surplus and he failed to fill-in Form C-V. The Act envisages that if the land owner himself declares the land surplus, he can show the land which he wants to vest in the State. Since, Joginder Singh did not exercise his option, the Collector vide his order dated 13.12.1974, declared the land measuring 9 Kanals 2 Maria surplus and further worked out various khasra Numbers which were treated to be surplus and were to vest in the State.

(2.) Joginder Singh filed an appeal being Appeal No. 246 of 1975 before the Divisional Commissioner and raised two points, firstly, that no land be declared to be surplus and secondly that he had not been given reasonable opportunity to choose the land of his choice to be declared surplus. This appeal was dismissed by the then Divisional Commissioner on 30.12.75. The matter did not end here and the petitioner filed a revision before the Financial Commissioner, Shimla H.P. who recorded the following contentions:

(3.) The Financial Commissioner rejected the prayer of the petitioner and dismissed the petition. Thereafter, the petitioner filed an application to the Collector saying that he is willing to handover some other 9 Kanals and 2 Marias of land and since he had developed tubewell on the portion which had been declared surplus by the Authority and he may be permitted to retain this land. The Collector allowed this application vide his order dated 27.7.1977 read with the statement dated 4.4.1977. It is apparent that this order was passed on the application filed by Joginder Singh dated 15.11.1976. This application was filed after the revision petition filed by the petitioner before the Financial Commissioner was rejected. The petitioner did not make any reference to the decision of the Divisional Commissioner or the Financial Commissioner in the application for allotment of the land filed by him.