BAGGA SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) IN view of the admitted facts which hereinafter shall be mentioned, there is no need to go into the minute details of the case.

(2.) HARI Chand was a big landowner. By sale deed dated 6.3.1974, he sold chunk of land to Indro Bai measuring 40 kanals 1 marla. Mutation with regard to this land came into existence on 7.3.1979. Indro Bai died and her estate developed upon her only son Satpal. The successor-in-interest of Indro Bai i.e. Satpal sold this very piece of land to the present petitioner. Satpal had sold the land to the petitioner vide sale deed dated 28th of December 1979 and the mutation with regard thereto came to be recorded on 2nd of August 1980. Under the provisions of Punjab Land Reforms Act, 1972, this very piece of land was declared surplus by Collector (Agrarian) vide his order dated 22nd of June, 1981. It is the conceded position that at the time when the order aforesaid came to be passed the revenue papers had clearly depicted the land was owned first by Indro Bai and then by Satpal and then by the petitioner. It is further not disputed that neither Indro Bai nor Satpal nor the petitioner was heard when the land belonging to Hari Chand came for assessment so as to compute it for the purpose of declaration of surplus area. An owner who could well stake his claim on the ground of being a bona fide purchaser was, thus, not heard. This clearly violated the principles of natural justice. That being the position, there is no choice but for to set aside the orders of Collector, Commissioner and Financial Commissioner Annexure P-3, P-5 and P-6 respectively. So ordered. It shall, however, be open to the authorities under the Land Reforms Act to determine the issue de novo but that would be done only after hearing the petitioner. This petition, thus, succeeds. Parties are left to bear their own costs. The parties through their counsel are directed to appear before Collector (Agrarian) Fazilka on 2nd of December, 1997. Copy of this order be sent to the Collector (Agrarian) Fazilka immediately. Petition allowed.