Prem Chand Jain, J. - (1.) Sube Singh and others have filed this appeal under Clause X of the Letters Patent against the judgment and order of a learned Single Judge of this Court, dated 15th of October. 1979, by which their writ petition (C. W. P. No. 425 of 1971) was dismissed.
(2.) In order to appreciate the controversy raised before us, certain salient features of the case may be noticed. Bhalle Ram is a big landowner. The Collector (Agrarian Reforms) Jind, declared certain lands in his hands as surplus on 15th of July, 1961 and the land so declared was allotted in the year 1964 -65 to Badlu and others private Respondents. However, the possession of the land was not given to them. The present Appellants are the son and daughters of Bhalle Ram. They filed a civil suit at Jind on 6th of January, 1967 for declaration that Bhalle Ram had died a civil death and that the estate left by him had devoted on them. A decree was passed in their favour and on the basis of that decree, the Appellants filed an application before the Collector on 30th of August, 1967 praying that the land declared surplus in the hands of their father had not been utilised, that they had become the owners of the same by inheritance, that they were small land owners and that the said land could not be allotted to the private Respondents. The application was accepted by the Collector.
(3.) It appears that the private Respondents were not made parties to that application On coming to know about that order, the private Respondents filed an appeal before the Commissioner, who accepted the same and set aside the order of the Collector. The revision filed by the Appellants was dismissed by the Financial Commissioner. Feeling aggrieved from the orders of the revenue authorities, the Appellants preferred a petition which as earlier observed was dismissed by the learned Single Judge.;