- (1.) THESE are two Letters Patent Appeals. They are L. P. A. S. Nos. 480 and 481 of 1969. L. P. A. No. 480 of 1969 has been filed by Nand Ram against the Financial Commissioner and the State of Haryana through the Collector, surplus Area. Sirsa (hereinafter called the Collector ). L. P. A. No. 481 of 11969 is by Smt. Sugni against the same respondent. Both are directed against the judgment of a single Judge dated September 11, 1969 refusing to declare certain areas claimed by the appellants to be banjar qadim, banjar jadid and ghairmumkin and declining to exclude it from the area declared as surplus.
(2.) THE facts being identical in both the appeals and there being common question raised in both of them, facts set out hereafter are being given only in L. P. A. No. 480 of 1969 filed on behalf of Nand Ram. In course of proceedings pending before the Collector, the appellant did not claim that certain area being banjar qadim, banjar jadid or ghairmumkin did not answer the definition of the word, 'land' given in Section 2 (8) of the Punjab Security of Land Tenure Act, 1953, and could not be included in the surplus area. By order dated October 26, 1961, the Collector declared 70. 99 standard acres as surplus area in the hands of the appellant. Being aggrieved of the order of the Collector, the appellant took the matter in appeal to the Commissioner. In the grounds of appeal, the appellant never urged that certain banjar qadim, banjar dadid or ghairmumkin area had been included in the surplus declared by the Collector. The Commissioner, by order dated March 28, 1963, disallowed the appeal. Thereafter, the appellant made an application on April 23, 1963 to the Collector for review of his order dated October 26, 1961 pleading that 9. 86 acres were banjar and ghairmumkin. By order dated May 14, 1964, the Collector referred the application for review of his previous order for sanction to the Commissioner. By order dated May 29, 1964, the Commissioner declined to accord sanction for review of the order. The appellant invoked the revisional jurisdiction of the Financial Commissioner. The revision was disallowed by order dated March 29, 1965.
(3.) FEELING dissatisfied with the above referred to orders of the Collector, the Commissioner and the Financial Commissioner, the appellant filed a writ petition under Arts. 226 and 227 of the Constitution praying for those orders being quashed. The learned Single Judge found that the point raised in the writ petition, namely, that there was certain area banjar qadim and banjar jadid included in the area declared surplus by the Collector had not been raised before the Collector when he passed his order dated October 26, 1961 and declined to interfere.;