Ram Karan vs State of Punjab

B.B. Mahajan, F.C.

This is a revision petition under Section 24 of the Punjab Security of Land Tenures Act, 1953, read with section 18 of the Punjab Land Reforms Act, 1972 and section 84 of the Punjab Tenancy Act, 1887, directed against the order dated the 19th November, 1981 of the Additional Commissioner, Ferozepur Division, whereby he dismissed the appeal of the petitioner.

Briefly the facts of the case are that the landownerpetitioner had total 38 standard acres 10/3/4 units of land and the Collector, Agrarian, Fazilka on the 12th December, 1960 declared 5 standard acres 15 units as surplus after allowing 30 standard acres as landowner''s permissible area and 2 standard acres 11/3/4 units for tenants. The petitionerlandowner preferred an appeal before the Commissioner, Jullundur Division, who dismissed it on the 14th November, 1961. In the meantime consolidation proceedings took place in the village and action under section 24A(2) of the Punjab Security of Land Tenures Act, 1953 was initiated and form `D'' was got prepared after consolidation. The area had slightly increased, but the basic area for assessable purposes was taken before the consolidation. The Collector, therefore, declared 5 standard acres 15 units as surplus with the landowner as was previously declared, vide his order dated the 5th August, 1969. Against the last mentioned order, the petitioner filed an appeal on the 7th October, 1980 before the Commissioner, Ferozepur Division, and the appeal was taken up by the Additional Commissioner, Ferozepur, who after hearing the counsel for the petitioner and going through the record, dismissed the appeal being time barred, vide his order dated the 19th November, 1981, which has now been impugned by the petitioner before me.

I have heard the counsel for the parties and Naib Tehsildar Agrarian for the State. The learned counsel for the petitioner has drawn my attention to judgment of the Punjab and Haryana High Court in 1981 P.L.J. page 259 in which it was held that the landowner whose land has been declared surplus under the Punjab Security of Land Tenures Act, 1953 and who has not been divested of the ownership of surplus area before the commencement of Punjab Land Reforms Act, 1972 is entitled to select the permissible area for his family and for each of his adult sons in view of the provisions of section 4 read with section 5(1) of the Punjab Land reforms Act. The petitioner has in his revision petition before me urged that he had two sons both of whom were major on the appointed day i.e. the 24th January, 1971. He has also produced a copy of the order of Shri H.L. Sikka, Collector, Fazilka dated the 18th May, 1976 in which it was held that the applicant has two adult sons and the total land owned by him is less than his permissible area and permissible area of his adult sons. Although it has been mentioned in this order that the land already declared surplus under the Punjab Security of Land Tenures Act, 1953 shall remain surplus and shall not be affected by this order, the learned counsel for the petitioner has urged that in the light of the judgment of Punjab and Haryana High Court in 1981 P.L.J. page 259 this view is not correct. This point had not been urged before the learned Collector or the learned Commissioner as the decision of High Court became available after the decision of the appeal before the Commissioner. In any case since the possession of the land has not so far been taken, this objection on the point of petitioner will have to be considered before the possession of surplus area is taken. Since the Collector has already issued notice for taking possession under Section 9(1) of the Punjab Land Reforms Act, that will be the appropriate forum for consideration of these objections. I accordingly accept the revision and remand the case to the Collector,[Sub Divisional Officer (Civil)], Fazilka for determining these objections while taking decision on the notice issued under Section 9(1) of the Punjab Land Reforms Act. The petitioner has been directed to appear before him on the 19th September, 1983.