Shamsher Bahadur, J. - (1.) THIS petition under Article 226 of the Constitution of India which has been placed for disposal before this Bench in consequence of the order of reference passed by Mahajan, J., on 2nd of May, 1963, raises the question of construction of the words "if claimed by the landowner" occurring in Section 32 -D of the Pepsu Tenancy and Agricultural Lands Act, 1955 (thereinafter called the Act).
(2.) THE undisputed facts leading to the reference as also the relevant provisions of the Act may first be briefly narrated. Sampuran Singh Petitioner considering that his holding of 77 standard acres and 4 units of land in village Naurana of Bhatinda Tehsil had been partitioned between him and his two sons did not deem it necessary to submit to the Collector a return under Section 32 -D of the Act which requires any person owing or holding as landowner or tenant "land under his personal cultivation, which in the aggregate exceeds the permissible limit, to furnish a return" within a period of one month from the commencement of the Pepsu Tenancy and Agricultural Lands (Amendment) Ordinance, 1958, in a form which is prescribed and in which it has to be mentioned what parcel or parcels of land the landowner would select for himself within the permissible limit and what exemptions he claims from the ceiling.
(3.) THE ceiling itself is stated to be the permissible limit under Section 32 -A and a landowner or tenant under his personal cultivation is forbidden to own or hold an area in excess of it. The exemption from ceiling are specified in Section 32 -K and include, inter -alia, an item (iv) "efficiently managed farms which consist of compact blocks on which heavy investment or permanent structural improvements have been made and whose break -up is likely to lead to a fall in production." The Collector, not having received the return from the Petitioner under Section 32 -B, proceeded to collect information for himself under Section 32 -C which deals with a case where the person concerned "fails to furnish the return and intimate his selection within the period prescribed.." The Collector in such an event is entitled to obtain the information which is otherwise required to be furnish in the return under Section 32 -B through such agency as he deems fit. The Collector under Section 32 -C, on collection of this information, is empowered to select the parcels of land which such person is entitled to retain under the provisions of this Act as also the surplus area of this person subject to the provisions of Sub -section (2) of Section 32 -BB.;