Sawaran Singh vs State of Punjab and others

H.S. Bedi, J.—The surplus area in the hands of Sajjan Singh who was a big landowner was declared on 11.9.1959 under the provisions of the Punjab Security Land Tenures Act, 1953 (hereinafter called the Act). It appears that consolidation proceedings took place thereafter and vide order dated 22.11.1968 appended as Annexure P.1 to the petition, the surplus area in the hands of Sajjan Singh was separated under Section 24 (a) of the Act. An appeal against the order Annexure PA was preferred by the petitioner and his brothers the sons of Sajjan Singh praying that some of the land that had been declared surplus had been transferred to their ownership by virtue of a decree of a civil Court and as such they were entitled to a notice before that land was declared surplus. This appeal was dismissed by the Commissioner, Ferozepur Division vide orders dated 31.1.1978, Annexure P2 to the petition holding that it had not been proved on record that the petitioner and his brothers had become the owners of the land in question prior to the year 1959 when the surplus area case of Sajjan Singh was decided. It was also found that Harchand Singh one of the appellants before him knew about the proceedings taken on 22.11.1968 which were taken under Section 24 (a) of the Act for the separation of the surplus area from the permissible area. The appellants aggrieved by the order Annexure P2 filed a revision before the Financial Commissioner, Revenue, Punjab who dismissed the same vide his order dated 20.10.1978 Annexure P.3 to the petition. Aggrieved by the orders Annexures P.2 an P.3, the present petition has been filed.

Mr. R.S. Amol, counsel for the petitioner has, urged that in view of the Full Bench decision of this Court in Harnek Singh and another v. The State of Punjab and others, 1971 P.L.J., 727, it was incumbent on the Collector to issue a notice to the petitioner and his brothers who had become owners of the land in question by virtue of a civil Court decree before declaring the surplus area in the hands of Sajjan Singh. He has also stated at the bar that Sajjan Singh, father of the petitioner, died several years ago and as such the land was to be reassessed in the hands of his sons, in view of the decision of this Court in Ranjit Ram v. Financial Commissioner, Revenue, Punjab, 1981. R.L.R. 566.

In the written statement filed it has been admitted by the respondents that the petitioner had obtained a decree dated 21st June, 1958 from a civil Court in his favour but the nonissue of a notice to the petitioner has been justified by stating that the land was to be assessed on the appointed dated, 15.4.1953 in the hands of Sajjan Singh. It has also been stated that as the surplus area was declared in the hands of Sajjan Singh in 1959 the matter could not be reopened after a span of 22 years.

After hearing the counsel for the parties, I find merit ''in the petition. It has been held in Harnek Singh''s case (supra) that where a transfer of land is made after the appointed date even then it was necessary that the transferee being an interested person is entitled to be heard before his area could be declared surplus. In the case before me, the transfer had been made by virtue of a civil Court decree dated 21st June, 1958, whereas the land was declared surplus in the hands of Sajjan Singh in the year 1959. The petitioner was, therefore, entitled to be heard at the time when the land was declared surplus in 1959.

The second submission of Mr. Amol also appears to be correct. In Ranjit Ram''s case a Full Bench of this Court has held that if a landowner whose land had been declared surplus died before the land had been utilised the land was be reassessed in terms of Section 5(1) of the Punjab Land Reforms Act, 1972, in the bands of his adult sons.

For the reasons recorded above, the present petition is allowed. Annexures P.2 and P.3 are quashed and the matter is remanded to the Collector, Agrarian, Faridkot, for fresh decision in the light of observations made above. No costs. Parties to appear before the Collector, Faridkot, on 26th February, 1993.