- (1.) This appeal by certificate is directed against the order dated the 3rd August, 1966 of the High Court of Punjab and Haryana dismissing the appellants' writ petition in limine. The facts as alleged in the writ petition are as under: Respondent No. 1 herein owned 186 standard acres and 4 1/2 units of agricultural land at the time of the commencement of the Punjab Security of Land Tenures Act, 1953 (Act X of 1953) (hereafter called the Act), in several villages in the State of Punjab. Thereafter, he transferred part of his land in favour of his sons, Respondents 2 and 3. On March 3, 1958, Respondent No. 1 sold 76 Bighas and 13 Biswas of land situate in the area of Village Dewan Khera for Rs. 80,000/- to the appellants. On the same date, Respondent No. 2 sold 3 Bighas and 6 Biswas of land in the same village, for Rs. 4,000/- to the appellants. A third sale was also made of 17 Bighas and 16 Biswas of land, situate in Dewan Khera, by Respondent No. 3 in favour of the appellants for Rs. 16,000/-. Mutations in favour of the vendees appellants on the basis of the sales were sanctioned by the Revenue Officer concerned in 1958. Most of the area thus transferred by Respondents 1 to 3 in favour of the appellants, was on 15-4-1953 i.e. at the commencement of the Act under tenants who had no other land in any capacity in the State of Punjab. The land-owners had not made any reservation in 1953 or selection in 1958 of their permissible area. In 1964, the Circle Revenue Officer started proceedings for determination of the surplus area. The village Patwari prepared the necessary statement in Form 'D' relating to all the lands held by Respondent No. 1, as on 15-4-1953. In this From, he also showed appellants as transferees of a part of that area, from Respondent No. 1. On 15-9-1964, the Collector made an order declaring 155 standard acres and 12-3/4 units of land as surplus area of Respondent No. 1 Against that order, the appellants preferred an appeal before the Commissioner, who dismissed it on November 6, 1955. The appellants' revision before the Financial Commissioner, also met the same fate on March 3, 1966.
(2.) On 20-6-1966, the appellants filed the writ petition under Articles 226/227 of the Constitution in the High Court impugning the aforesaid orders of the Collector, the Commissioner and the Financial Commissioner, as being illegal and without jurisdiction, inter alia on these grounds: (i) That no notice as required by Rule 6 of Punjab Security of Land Tenure Rules, 1956 was issued to the appellants; nor were they afforded by the Collector, an opportunity to put forth their objections against the inclusion of the lands purchased by them, in the surplus area; (ii) That in view of the mandate in S. 2 (5) (2) of the Act, the lands purchased by the appellants, could not be included in the surplus area of Respondent No. 1, as on the crucial date i.e. 15-4-1953, these lands were in the occupation of tenants whose total holdings did not exceed the permissible limit; (iii) That the Commissioner erred in himself calling and examining the Khasra Girdawri, and then without even examining the Patwari who had made the entries therein, in holding, on mere conjectures, that the record had been tampered with. Hearing at the appellate stage was no substitute for hearing at the original enquiry. The Commissioner ought to have remanded the case to the Collector and thus afforded the appellants an opportunity to lead evidence to "re-but" the erroneous view of the Commissioner endorsed in revision by the Financial Commissioner; (iv) That Resondent 1 had represented that he would get the lands sold to the appellants included in his permissible area which had not been reserved or selected by him within the prescribed period. The Collector therefore should have included these lands in the permissible area of Respondent 1.
(3.) Mr. Manchanda, appearing on behalf of the appellants does not press grounds (i) and (iv) before us. obviously because there is no substance in them. With regard to ground (iii), however, the learned Counsel has vehemently contended that the Commissioner was wrong in brushing aside the Khasra Girdawri - which would have furnished the factual premises of ground (ii) - merely because the binding of the register was untidy or there were suspicious erasures in some entries which were not relevant to this case. Khasra Girdawri - it is stressed - is a public record prepareed by a public servant in the discharge of his official duties, and as such, carries with it a presumption of correctness. It is urged that the case should be remanded to enable the appellants to produce evidence.;