STATE OF HARYANA Vs. HANUMAN
LAWS(P&H)-2001-2-19
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 28,2001

STATE OF HARYANA Appellant
VERSUS
HANUMAN Respondents

JUDGEMENT

VEENA EAGLETON,J - (1.) THIS is a revision petition under Section 18(6) of the Haryana Ceiling on Land Holdings Act, 1972 for invoking suo motu powers against the order dated 17.1.1978 passed by the S.D.O. (C) Dabwali.
(2.) BRIEF facts of this case are that the respondent had filed his declaration on 15.5.1977 in terms of Section 9 of the Haryana Ceiling on Land Holdings Act, 1972. The declaration was verified by the Tehsildar Dabwali under Section 6(3) of the Act. The Prescribed Authority passed the order dated 17.1.1978 by giving benefit of sale of land measuring 371 Kanals 17 Marlas after the appointed day i.e. 24.1.1971. Against this order of the Prescribed Authority, the State has come to this Court for invoking suo motu powers. I have heard the counsel for both the parties. Under Section 18(6) of the Act, suo motu powers are invoked when it is proved that there has been a fraud or there is material irregularity committed by the Prescribed Authority but before this is done, the delay is to be condoned. In this case, the Prescribed Authority's order was passed on 17.1.1978. Irregularities were detected by the State on 30.5.1989 and the revision was filed on 27.8.1998. The counsel for the State could not explain the reasons for the delay of 8 years after the irregularities came to notice of the State in the first instance. I am of the considered opinion that this is not a fit case for invoking my suo motu powers under Section 18(6) of the Act. The revision petition is dismissed. To be communicated. Petition dismissed.;


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