- (1.) Common question of law arises for determination in these three writ petitions and accordingly the same are being disposed of through this common order. The issue relates to land declared surplus, which has subsequently been released, which order, as per the State counsel, was passed by an officer exceeding his jurisdiction.
(2.) FACTS OF CIVIL WRIT PETITION NO.10364 OF 2011 Sh.Ram Chander (husband of petitioner Nos.1 and 2 and father of petitioner No.3) was a big land owner in District Rohtak. 13 standard acres of his land was declared surplus on 3.12.1959 under Punjab Security of Land Tenures Act (for short, "the Punjab Act"). The petitioners would allege that this land declared surplus was never utilized and remained in the possession of Ram Chander. After his death, the land is claimed to be in possession of the petitioners.
(3.) Reference is made to the family settlement reached in the family, whereby the petitioners were declared the owners in possession of the land in dispute vide a decree dated 14.5.2007 passed by Senior Sub Judge, Rohtak. On 2.6.1994, the petitioners moved an application before the Prescribed Authority for release/exemption of the land from the surplus pool. The Prescribed Authority vide its order dated 7.7.1994 released this land in dispute from the surplus pool.;