Satish Kumar Mittal, J. - (1.) This Letters Patent Appeal has been directed against the order dated 19.4.2011, passed by the learned Single Judge, whereby the writ petition (Civil Writ Petition No. 1535 of 1987) filed by appellants (sons of Pal Singh, the big land owner), challenging the order dated 17.12.1986 (Annexure P-12) passed by the Financial Commissioner, Appeals, Punjab, has been dismissed.
(2.) The brief facts of the case are that the land measuring 55 Kanals, situated in village Gadriwala, Tehsil Zira, District Ferozepur, belonging to Pal Singh (father of the appellants) was declared surplus under the provisions of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as 'the Act'). Out of the said area, 44 Kanals of land was allotted to Kartar Singh (now deceased), husband of respondent No.3 and father of respondents No.4 and 5, and its possession was delivered to him on 20.6.1969 as re-settled tenant. It is pertinent to mention here that the said order of allotment was challenged by the big land owner, but the said petition was dismissed under the Punjab Security of Land Tenure Rules, 1956 (hereinafter referred to as 'the Rules of 1956').
(3.) On 15.3.1978, Kartar Singh filed an application before the Collector (Agrarian), Zira, for conferment of proprietary rights regarding the aforesaid land under Para 13 of the Punjab Utilisation of Surplus Area Scheme, 1973 (hereinafter referred to as 'the Scheme of 1973'). The said application was opposed by the appellants on the ground that the land in question had never vested in the State under the Punjab Land Reforms Act, 1972 (hereinafter referred to as 'the Land Reforms Act'), because it was never utilised under Section 10-A of the Act and the Rules of 1956, as Kartar Singh allottee was neither given possession of the land nor he was in possession of the said land, either on 24.1.1971, when the said Act came into force, or on 4.7.1973, when the Scheme of 1973 came into force.;