Ranjit Singh Sarkaria, J. - (1.) THIS is a petition under Articles 226 and 227 of the Constitution of India for assailing the orders, dated 13th March, 1963, and 18th October, 1963, passed by the Collector Agrarian, Karnal (Respondent 3) and the Additional Commissioner, Ambala Division (Respondent 2), respectively, and also for impugning the vires of Rule 2 of the Punjab Security of Land Tenures Rules, 1953, and the valuation statement attached to this rule (Annexure A).
(2.) THE Petitioner owns 294 Bighas and 18 Biswas of agricultural land in the area of village Marghain, Tehsil and District Karnal. In the revenue records this land is entered as Sailab and 'Adna Sailab'. It is situated at a distance of about one mile from the Jamuna River and is within the 'Khaddar area' which is inundated every year by the floods. Sandy deposits thrown out by the river further deteriorate its quality. The Kharif crop is damaged by the floods almost every year. The Collector started proceedings against the Petitioner under the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as 'the Act') and assessed Petitioner's land according to the valuation statement (Annexure A) referred to in Rule 2 of the Punjab Security of Land Tenures Rules, 1953, (hereinafter called 1953 Rules) framed by the Governor of Punjab under Section 27 of the Act. The classification of lands under this valuation statement (Annexure A) of Karnal District does not contain Sailab and Adna Sailab land as a separate class; no valuation has been shown in this statement for such type of lands. The Collector arbitrarily equated this Sailab land of the Petitioner with 'unirrigated class of land and evaluated it as such. By adopting this wrong classification, the Collector arrived at the wrong decision that 13 standard acres and 6 ¼ units of Petitioner's land is surplus land for the purpose of the Act. This order was made by the Collector on 13th March, 1963. (Copy of that order is Annexure A to the Writ petition.)
(3.) THE Petitioner went in appeal before the Commissioner, Ambala Division, who dismissed it by an order, dated 18th October, 1963 (copy of which is Annexure B to the petition). On 22nd October, 1963, the Petitioner moved the Financial Commissioner in revision. He made a petition for stay of dispossession. The prayer for stay was declined and the stay petition was dismissed by the Financial Commissioner on 29th October, 1963. The Petitioner has thereupon made this writ petition.;