- (1.) The challenge in the writ petition is to the orders Annexure P-5 dated 31.01.1977 passed by the Prescribed Authority; Annexure P-6 dated 17.09.1979 passed by the Collector; Annexure P-7 dated 09.05.1983 passed by the Commissioner and order Annexure P-9 dated 19.03.1985 passed by the Financial Commissioner in respect of the surplus area of the petitioners under Haryana Ceiling on Land Holdings Act, 1972 (for short "the Act").
(2.) As per the facts available on record, petitioner No.1; her son and her husband Shamsher Singh were owners of land measuring 1175 Kanals 12 Marlas on 24.01.1971 out of which 1127 Kanals 14 Marlas is situated in village Asawari owned by Shamsher Singh, his wife Santosh Kumari and son Sanjiv Sangwan and 7 Kanal 18 Marlas in village Jhojjhu Kalan apart from the land of pumping set measuring 40 Kanals.
(3.) Shamsher Singh filed a declaration selecting his permissible area in respect of 820 Kanals 6 Marlas claiming 314 Kanals 4 Marlas as bona fide transfer under the Act. The benefit of such bona fide transfers was given by the Prescribed Authority in the order dated 31.01.1977. The Authority found that the husband, wife and three minor children form one unit, therefore, they are entitled to keep 432 Kanals out of 'C' category of land as one unit whereby 429 Kanals 8 Marlas was declared surplus.;