G.S. Singhvi, J. - (1.) This appeal is directed against order dated 26.4.1991 vide which the learned Single Judge allowed C.W.P. No. 355 of 1980 filed by late Shri Chand and quashed orders dated 14.6.1960, 17.10.1963, 5.7.1978 and 16.11.1979 passed by the Collector (Agrarian), Kaithal, the Sub Divisional Officer -cum -Prescribed Authority, Kaithal and the Financial Commissioner, Haryana respectively with liberty to the authorities to re -determine the surplus area of the writ petitioner.
(2.) The facts necessary for deciding the appeal are that on the date of commencement of the Punjab Security of Land Tenures Act, 1953 (for short, the 1953 Act), i.e. 15.4.1953, late Shri Chand (hereinafter described as the respondent) now represented by his legal representatives namely, Om Parkash son of Ramji Lal, resident of Village and Post Office, Nauch, Tehsil Guhla, District Kaithal and Satpal son of Shri Telu Ram, resident of village and Post Office, Bhagta, Tehsil Guhla, District Kaithal had 46.19 Acres of land in Village Atela, District Kurukshetra. As a result of consolidation undertaken in the year 1957, his total holding was increased to 68.24 Standard acres. By an order dated 14.6.1960, the Collector decided the surplus area case of the respondent under the 1953 Act and declared 24.55 Acres land as surplus excluding 13.69 Acres which had been leased out to the tenants under the Eat Punjab Utilization of Lands Act, 1949 (for short, the 1949 Act) for a period of 20 yeaRs. The appeal filed by the respondent was disposed of by the Commissioner with the direction that he be allowed to select his permissible area. Accordingly, the Collector permitted the respondent to select his permissible area and vide order dated 17.6.1962, he declared the khasra numbers indicated by the respondent as surplus. Thereafter, the Special Collector pointed out that the land belonging to the respondent which had been given on lease by the Collector under the 1949 Act should also be declared surplus and after taking note of this, the Collector passed order dated 17.10.1963 vide which he declared the surplus area of the respondent to be 38.24 Acres. He also directed that form 'F' be issued to the land owner for his information. The respondent did not challenge orders dated 14.6.1960, 17.6.1962 and 17.10.1963 by filing appeal etc. before the higher departmental authorities, but after almost 30 years from the date of passing of last order, he filed on application dated 15.7.1976 before the Collector for grant of another opportunity to select the permissible area out of the land which had been leased out to the tenants under the 1949 Act and had reverted to the State in the year 1973. Simultaneously, he along with his son Ram Sarup and minor grand sons - Jai Bhagwan and Jagrup and wife of Shri Ram Sarup, namely, Smt. Rajo filed C.W.P, No. 4046 of 1976 with the following prayer: "(a) an appropriate writ, direction or order be issued declaring the Haryana Ceiling on Land Holdings Act, 1972 as amended up to date by the Haryana Act 17 of 1976 and Ordinance No. 7 of 1976 to be invalid and unenforceable: (b) an appropriate writ, direction or order be issued declaring Rule 5 of the 1973 Rules as amended upto date and the new form of declaration to be ultra vires the provisions of the Act; (c) a writ in the nature of a writ of mandamus be issued directing the respondents not to declare any land belonging to the petitioner as surplus and not to take possession of the same, or of any land declared surplus, or tenants permissible area under the Punjab Law and the Pepsu Law, which according to Sec. 12 of the Principal Act, is deemed to vest in the State; (d) an appropriate writ, direction or order be issued directing the respondents not to compel the petitioner to file declarations under Sec. 9 of the act read with Rule 6 and to prepare any statement of permissible surplus area of the petitioners under Sec. 11 of the Act pending the decision of this writ petition; (e) a writ in the nature of certiorari be issued calling for the records of respondent No. 1 relating to the directions Annexure P.2 and after a perusal of the same the impugned directions be quashed; (f) any other suitable writ, direction or order that this Court may deem fit in the circumstances of the case be issued; ((g) an ad interim order be issued staying the operations of the impugned instructions Annexure P.2 till the decision of the writ petition; and (h) costs of the writ petition be allowed to the petitioneRs. "
(3.) While issuing notice of motion on 19.7.1976, this Court directed the respondents in the writ petition to maintain status quo qua 13.69 Acres which had been treated as surplus area of the respondent. The writ petition was finally disposed of on 17.3.1977 in the following terms: "This C.W.P. is dismissed subject to the following directions: 1. Petitioners who have not so far filed their declarations are allowed one month's time from today to file their declarations. 2. Petitioners who have filed their declarations may pursue the remedies available to them under the act. 3. All declarations will be dealt with by the authorities constituted under the Act in accordance with law in the light of the judgment delivered in C.W.P. No. 3530 of 1976. 4. Petitioners apprehending to the dispossession under Sec. 22 of the Act but claiming to be entitled to the protection of Sec. 8 are allowed fifteen days time from today to file applications before the Collector seeking protection. Meanwhile their possession will not be disturbed. 5. Sec. 20 -A will not be enforced so as to prevent Advocates from appearing before any authority or officer functioning under the Act." ;