- (1.) Bharat Starch and Chemicals Limited, a company incorporated under Companies Act through the present petition filed by it under Articles 226/227 of the Constitution of India seeks setting aside of order passed by the Collector Agrarian dated 5.10.1962, Annexure P1 as also order passed by the Commissioner dated 25.6.1963, Annexure P5, vide which the Collector Agrarian declared that the petitioner was entitled to retain 30 Standard Acres as its permissible area and the rest of the land, measuring 176 Standard Acres 11-13/4 units was declared surplus. It is in this order of the Collector Agrarian which was agitated by way of appeal before the Commissioner and as referred to above, the same was dismissed on 25.6.1963.
(2.) The only argument that has been raised at the time of hearing is that statement in Form 'F' was not prepared and obviously a copy of the same was not given to the landowner. It is argued that sub-rule (7) of Rule 6 of Punjab Security of Land Tenures Rules, 1956, provided that after the order was passed by the Collector, a statement in Form 'F' had to be forwarded immediately to the landowner compliance whereof is mandatory and inasmuch as statement in 'From 'F' was not served on the landowner, the order passed by the Collector and the Commissioner would be wholly illegal and without jurisdiction. For his aforestated stand, the learned Counsel relies upon the judgment delivered by me in Tek Ram v. State of Haryana and others, 1993 1 RRR 499(P&H).
(3.) The cause of the petitioner has been opposed and even though it has not been disputed that form 'F' was not served on the petitioner landowner, it is pleaded and so argued by Mr. Jagdev Sharma, the learned Additional Advocate General, Haryana that the petitioner had earlier filed Civil Writ Petition Nos. 475, 485, 478 and 513 of 1977 in this Court challenging the provisions of Haryana Ceiling on Land Holdings Act and its effect against the declaration of their surplus area and the same were dismissed on 17.3.1977. The Special Leave Petitions were filed in the Supreme Court which were dismissed on 9.5.1980. That being so, it is pleaded that the petitioner is precluded from filing this petition and that, too, at such belated stage when the Collector Agrarian had passed the order way back in the year 1962 and the same was confirmed by the Appellate Authority on 25.6.1963. On merits of the case, the learned Additional Advocate General, relies upon judgment of this court in Mulkh Raj v. Financial Commissioner, Haryana and others, 1985 RRR 479(P&H) : 1986 PLJ 316.;