- (1.) This appeal by special leave has been preferred against the judgment and order dated 4-6-1999 of a Full Bench of High Court of Punjab and Haryana whereby Letters Patent Appeal preferred by respondent No. 4 Gurcharan Singh was allowed, the judgment and order dated 13-8-1992 of the learned single Judge allowing the writ petition filed by the appellants Pohla Singh and others was set aside and the writ petition was dismissed.
(2.) Dhanna Singh (father of Gurcharan Singh respondent No. 4) had been allotted land by way of a military grant in Sind (Pakistan). On partition of the country he migrated to India. He was initially allotted 79.39 standard acres of land in Village Budhlada, Tehsil Mansa, District Bhatinda which on account of report of Patwari in some Revenue Proceedings was reduced to 68.68 standard acres. In the year 1955, The Pepsu Tenancy and Agricultural Lands Act was promulgated and Section 3 thereof provides that the permissible limit shall mean "thirty standard acres of land". Accordingly proceedings for determination of the surplus area were initiated and by an order passed on 28-3-1961, which was ex parte, 28.68 acres of land were declared as surplus. Dhanna Singh then filed an application for setting aside the ex parte order wherein he also indicated his choice for the plots to be declared as surplus. The Collector (Agrarian Reforms) Bhatinda, by his order dated 9-6-1961, set aside the ex parte order and the plots, choice of which was given by Dhanna Singh, equivalent to 28.68 standard acres, were declared as surplus. Under the Utilization of Surplus Area Scheme the land declared as surplus was allotted to the appellants on 5-3-1962. Sannads as prescribed in Form-V were issued to them and they were put in possession of the land. The compensation with regard to surplus area was determined at Rs. 13,882.53/- which was deposited by the appellants and was received by Dhanna Singh. Thereafter consolidation proceedings took place and mutation was ordered in favour of the appellants.
(3.) After a long time Dhanna Singh filed a revision on 19-11-1966 against the order dated 9-6-1961 of the Collector, declaring his land as surplus, but the same was dismissed by the Financial Commissioner, Revenue on 2-3-1967 on the ground of limitation as the same was beyond time by 1882 days. Thereafter he filed CWP No. 3113 of 1968 challenging the order of the Financial Commission and also the order of Collector dated 9-6-1961. The Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as 'the Act') had been amended by Act No. 11 of 1968 whereby Section 51A was introduced therein which provides that where any land is granted for gallantry at any time before 26th day of January, 1950 such land or portion, as the case may be, shall not be taken into account in computing the surplus area under the Act. Relying upon the said provision the learned single Judge allowed the writ petition by the judgment and order dated 9-1-1980 and set aside the order declaring 28.68 standard acres as surplus. It is important to note that in this petition (i) State of Punjab; (ii) Financial Commissioner; and (iii) Collector, (Agrarian R. A. II), Bhatinda were impleaded as respondents. Though the surplus land had been allotted in favour of appellants on 5-3-1962 and they had been put in possession over the same, but they were not impleaded as parties to the writ petition nor any notice was issued to them.;