KARL REDDY,J - (1.) THIS is a petition under Section 24 of the Punjab Security of Land Tenures Act, 1953 read with Section 84 of the Punjab Tenancy Act, 1887 seeking to revise the order dated 25.6.1985 of District Collector, Agrarian, District Ferozepur, Headquarter at Fazilka and the order dated 15.5.2001 of the Commissioner, Ferozepur Division, Ferozepur.
(2.) THE Collector Agrarian, Fazilka vide order dated 15.2.1977 declared 10 S.A. 2-3/4 U or 112K 9M land in village Beganwali, Tehsil Fazilka, District Ferozepur to be surplus area under the Old Act of the big landowner Hari Chand s/o Fatta Ram. Notices under Section 9(1) of the New Act were issued vide order dated 5.11.1985 of the Special Collector (Agrarian) Fazilka. Neither of these orders was challenged by the big landowner or the present petitioners. The challenge mounted by other parties to the orders of the Collector came to an end when R.O.Rs. 69, 70 and 71 were dismissed vide order dated 2.6.1994 of the Financial Commissioner, Appeals, The writ petition against that order was also dismissed by the High Court of Punjab and Haryana. The petitioners have challenged the order dated 15.2.1977 of the Collector Agrarian, Fazilka on the ground that in proceedings under the New Act the Collector (Agrarian) Fazilka vide order dated 25.7.1996 held that no area was surplus in the hands of the heirs of the big landowner. The petitioners have challenged the order dated 5.11.1985 of the Special Collector (Agrarian), Fazilka under Section 9(1) of the New Act, directing the takeover of the area declared surplus in the hands of the big landowner on the ground that it is issued without notice to them.
(3.) THE big landowner died on 7.5.1990. No land could be declared surplus in the hands of his heirs because no land was left with the landowner. The landowner did not even put in appearance before the Collector (Agrarian), Fazilka in proceedings under the New Act. As recorded in the order dated 25.7.1996, no mutation of inheritance was entered by the village patwari as the landowner had sold off his entire holding.;