Teja Singh vs State of Haryana and ors.

R.N. Mittal and S.S. Dewan, JJ.

This writ petition has been filed for quashing the orders of Prescribed AuthoritycumSub Divisional Officer (Civil), Additional Collector and the Commissioner, Hissar, annexures P2, P4 and P6 dated 31st October, 1980, 23rd March, 1981 and 10th August, 1981 respectively.

One of the contentions of the learned counsel for the petitioner is that the authorities have held the land of the petitioner surplus without considerting the evidence led by him to show that the sales were bona fide, on the ground that the sales had taken place after coming into force of the Haryana Ceiling on Land Holdings Act, 1972. According to him, the question as to whether the sales were bona fide or not was to be decided by the authorities after considering the evidence led by him and other points raised by him. The learned counsel for the respondents concedes to the said proposition. In view of the above circumstance, we accept the writ petition, quash the impugned orders and direct the Prescribed AuthoritycumSub Divisional Officer (Civil), respondent No. 4 to decide the matter afresh after hearing the petitioner. The parties are directed to appear before him on 10th November, 1981. No costs.