- (1.) The petitioner seeks writ of certiorari for quashing the order dated 14.9.2010 passed by the Financial Commissioner and also the order passed by the Commissioner, whereby the respondents have been asked to pay a sum of Rs. 60,200/- alongwith interest as determined by the Assistant Collector 1 st Grade instead of directing their ejectment, which was prayed for by the petitioner.
(2.) The petitioner is a big land owner, whereas respondents are tenants over the suit land. The petitioner filed an application in Form-L for recovery of arrears of rent for Kharif-2004 and Rabi-2005 in respect of land measuring 90 kanals 11 marlas belonging to the petitioner, which was being cultivated by the respondents. Assistant Collector 1 st Grade Dabwali calculated the arrears of rent alongwith the interest and directed respondents to deposit the amount of Rs. 60,200/- with interest at the rate of 8% within 15 days. On their failure to deposit the said amount, the respondents were ordered to be ejected from the disputed land.
(3.) Respondents filed an appeal against this order before the Collector, who accepted the same on 27.1.2007. The order passed by the Assistant Collector was set aside by holding that the provisions of Section 12(3) of the Ceiling of Land Holdings Act, 1972 would be attracted in the instant case and the land declared surplus would be deemed to have vested in the State. It is accordingly held that relationship of landlord/tenant between the petitioner and respondents would cease to exist. It is accordingly held that tenants could not be ejected from the land by moving an application under Section 9(1) of the Security of Land Tenures Act, 1953 for nonpayment of rent.;