CHANDGI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner owned 44 standard acres and 15-1/4 units of land in the revenue estate of village Jatola, Tehsil and Distt. Sonepat, on April 15, 1953. Out of this land, 4 bighas and 4 biswas of land was under a dohlidar tenant and 6 bighas and 7 biswas of land was under old tenants. The area with the dohlidar and the old tenants had to be naturally excluded while determining the surplus area of the petitioner. On December 10, 1957, the petitioner sold away 19 standard acres and 6-1/2 units of land to one Teka of village Mandora by a registered sale deed. It is conceded by both the sides that this Teka was not related to the petitioner.

(2.) Attar Singh son of the petitioner filed a suit for pre-emption which was decreed in his favour on January 14, 1959.

(3.) The Collector Surplus Area took up the case of the petitioner and declared 14 standard acres and 15-1/4 units of land as surplus area in his hands vide his order dated November 26, 1959. While so doing, he ignored the land acquired by Attar Singh by a pre-emption decree and treated this land as belonging to the petitioner. The appeal, the revision and the subsequent writ petition filed by the petitioner against the order of the Collector were dismissed. Thereafter, Attar Singh filed a civil writ petition in this Court which was allowed on April 3, 1975, on the ground that Attar Singh being a transferee was entitled to a notice before the surplus area of the petitioner was determined.