K. Kannan, J. - (1.) THE writ petition is in relation to proceedings taken under the Haryana Ceiling on Land Holdings Act, 1972 and for quashing of orders passed by the authorities under the Act in the manner of declaration of certain properties as falling within the surplus determined under the Act.
(2.) THE Prescribed Authority passed an order on 03.09.1980 declaring an area measuring 75 kanals 4 marlas of land situate in Village Naurangpur, Tehsil and District Gurgaon as surplus. The point of contest by the landowner was that although an extent of 48 kanals 7 marlas of land had been granted exemption, tubewell situate in the said land had been included as falling within the surplus area. The further grievance was the petitioner had sold an item of property on 24.12.1972 and the property covered under the said sale had also been wrongly included. The reason for including the tubewell within the surplus pool was that when a property had been sold through an agreement dated 13.09.1971 that culminated in the sale dated 15.05.1972, there had been no reference to the tubewell.
(3.) IN my view, the authorities that excluded the property sold on 15.05.1972 of an extent of 48 kanals 7 marlas were bound to exclude the tubewell also. The facility is invariably to go along with the land and it is not possible to exclude merely the tubewell only because the sale agreement did not make reference to it. It has been borne out on records that the borewell had been installed in Ravi 1969 and the khasra girdawari bore evidence for the same. Actually the sale deed does makes reference to the existence of the tubewell and only in the agreement, there has been no reference.;