- (1.) Father of the petitioners, namely, Jethu Singh, was owning 354 bighas and 14 biswas equal to 43.24 standard acres land as per jambandi for the year 1953-54. On 6.3.1955, the Pepsu Tenancy and Agriculture Land Act was enacted. Jethu Singh had made a gift of 157 bighas 2 biswas of land in favour of wife, Nimo and his four sons, namely, Ajit Singh, Gurnam Singh, Prem Singh and Karam Singh. The mutation was also accordingly sanctioned. The Collector, Agrarian, assessed the surplus area of Jethu Singh on 3.6.1960, considering the entire area of 354 bighas and 14 biswas as his holdings. The Collector ignored the gift of 157 bighas 2 biswas and accordingly held that 13.24 standard acres equivalent to 132.9 biswas was declared surplus with the land owner. This order was upheld by the Financial Commissioner on 2.5.1963.
(2.) The petitioners would aver that if any land is being separately cultivated for two years prior to commencement of the Pepsu Tenancy Act, then under Section 2(h) of Utilisation of Surplus Area Scheme by a person who is father or grand father, whose area has been declared surplus and such cultivation is recorded in Khasra Girdawari, then he is defined as agriculture worker. As per the petitioners, under Section 9 of the said Scheme, such a worker is entitled to allotment of the land of his father and grand father whose land has been declared surplus under law.
(3.) No doubt, Section 9 entitles any worker or Bisbedar, extenant, who is desirous of getting land out of surplus area by making an application to the prescribed authority but this application is required to be made within a period of two months from the date of publication of the Scheme in the official gazette. The Prescribed Authority, after making summery enquiry, can allot such land. The land was declared surplus in the year 1960 and apparently no application was filed till 13.6.1963, when the parchi allotment was made. In fact, a perusal of Annexure P-5 would show that rapat in this regard is recorded on 1.10.1963 and this parchi allotment was done by Patwari. The Prescribed Authority otherwise, as per Section 2(e) is Assistant Collector of either grade within the area of his jurisdiction. These aspects can also not escape notice.;