- (1.) This is a petition by Dalip[ Singh under Articles 226 and 227 of the Constitution of India, for the issuance of the writ of certiorari quashing the orders of the Prescribed Authority (Naib Tehsildar, Agrarian Reforms), Sangrur whereby he has rejected the petitioners' application for allotment of land as a worker.
(2.) Hazura Singh, father of Dalip Singh, petitioner is a landowner. Certain lands were declared surplus in his hands by the Revenue Authorities. The petitioner was cultivating these lands of his father separately from him. He was cultivating these lands in the capacity of a worker as contemplated under Section 32-J of the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter called 'the Act') and the Utilisation of Surplus Area Scheme, 1960 (hereinafter called 'the Scheme') framed by the State Government in exercise of the powers conferred on it by Section 32-J.
(3.) The petitioner applied for the allotment of land as a worker. The term 'worker' has been defined in paragraph 2(1)(h) of the Scheme as under :- "'worker' means a person - (i) who does not own any land or owns less than five standard acres of land; (ii) who has been cultivating separately, for two years prior to the commencement of the Pepsu Tenancy and Agricultural Lands Act, 1955, the land of his father or grand-father, whose area has been declared surplus, and (iii) whose cultivation as such is recorded in the Khasra Girdawari." The application of the petitioner was dismissed by the Prescribed Authority. His appeal against this order to the Collector also failed. He filed a revision petition before the Commissioner. The Commissioner accepted the plea of the petitioner that he had been cultivating the lands sought to be allotted continuously for two years prior to 30th October, 1956. He made a recommendation to the Financial Commissioner to set aside the order of the Collector and the Prescribed Authority and to accept the application of the petitioner.;