JAI SINGH SEKHON, J. - (1.) THE pristine controversy involved in this writ petition is whether the shifting of Sub Division and Tehsil Headquarters from Jhunir created on 8th April, 1992 in the newly created District Mansa to Sardulgarh vide order Annexure P2 dated 13th September. 1993 was done in a whimsical manner and without application of mind under the provisions of Section 5 of the Punjab Land Revenue Act. 1887 (hereinafter referred to as the Act ).
(2.) THE brush with the admitted facts in the respective pleadings of the parties is that the Chief Minister of Punjab at the floor of Vidhan Sabha on 26th March, 1992 announced the creation of new District Mansa. It was created vide Notification dated 8th April, 1992 with effect from 13th April, 1992. The Mansa District was created from the erstwhile are of Bhatinda District vide the above mentioned notification. There already existed a sub tehsil at Sardulgarh. However, a tehsil and sub division headquarter of District Mansa were created at Jhunir vide Notification Annexure P-l dated 8th April, 1992. On the representation of the people residing at Sardulgarh or nearby villages Shri Hardial Singh I. A. S. then Financial Commissioner. (Revenue Department) visited the spot on the directions of the Chief Minister Punjab and submitted his report. On the basis of the said report vide notification Annexure P-2 dated 13th September, 1993, the Sub Division and Tehsil Headquarters from Jhunir was cancelled and shifted to Sardulgarh. The petitioners Sarpanches of the village Jhunir, Ghudu Wala, Lalian Bhane Kalan etc. have through this writ petition challenged the shifting of the Sub-Division and Tehsil Headquarters from Jhunir to Sardulgarh vide aforesaid notification, inter alias on the ground of non application of mind and in a whimsical manner contending that all the facts mentioned by Shri Hardial Singh in his report were in existence at the time of creation of Sub Division and Tehsil Headquarters at Jhunir. It was also stressed that Jhunir, is a central place of 79 villages mentioned in para 5 of the petition whereas Sardulgarh is located on one side of the State of Punjab as it is the last village touching the boundary of Haryana State. Reference was also made to a number of preceding reports of the Committee and Commissions set up by the Punjab Government suggesting that Jhunir be made Tehsil-cum-Sub-Division Headquarters. It was also maintained that before taking the decision Annexure P-2. no committee whatsoever was constituted by the Punjab Government at any level and the nominee of the Committee had not consulted or taken into confidence the residents of the villages covered by this Notification. The members of the Panchayats were also not taken into confidence and no opportunity of hearing was afforded to them. The District Administration of Mansa was not even consulted. It was further averred that the provisions of Section 5 of the Act conferring vast and sweeping powers altering the boundaries of tehsils, district etc. is ultra vires of the Constitution of India and that the Sub Division cannot be shifted or abolished at the mere sweet will, whims and caprice of the Punjab Government. On these premises the petitioners seek the quashment of Notification Annexure P-2 abolishing Jhunir Sub Division and Tehsil Headquarters and shifting the same to Sardulgarh. This petition was resisted by the State through an affidavit of Shri J. L. Sood, Under Secretary to Government, Punjab, Revenue (E) stating that a Reorganisation Committee under the Chairmanship of S. Beant Singh then Revenue Minister, Punjab was constituted in the year 1981. In the second meeting held on 15th October, 1981; the Committee discussed the reorganisation of various districts of Punjab State including Bhatinda District. The Committee decided that out of Bhatinda District a sew district of Mansa be created in which Mansa, Budhlada and Sardulgarh Tehsil should be created. It was further decided that Budhlada Sub tehsil should be upgraded at a new Tehsil and Sardulgarh Sub Tehsil being a border area, should also be upgraded as Tehsil Soon after the creation of new, district of Mansa and Sub Division/tehsil of Jhunir there was demand to male Sardulgarh as Sub Division/tehsil in place of Jhunir. On this Shri Hardial Singh, I. A. S. then Chairman of the Reorganization Committee was deputed by the Government to ascertain the wishes of the people of Jhunir Sub Division and Sub Tehsil Sardulgarh regarding the continuance of the headquarters of the Sub Division at Jhunir or shifting it to Sardulgarh. In pursuance of the Government directions, Shri Hardial Singh along with the Deputy Commissioner and other District Officers of the District Mansa toured and heard the arguments of the prominent and respectable people of Jhunir and Sardulgarh areas for and against the proposal of shifting of headquarters of Tehsi/sub-Division Jhunir to Sardulgarh. Thereafter, in his report dated 17th December, 1992 submitted to the Government, Shri Hardial Singh stated that the case of people of Sardulgarh was more weighty than that of the village Jhunir being converted into Sub Division, on the basis of the grain market Mandi, population and the existence of the Sub Tehsil at Sardulgarh for the last about 18 years. Thus, in his report, Shri Hardial Singh had recommended the abolition of the Sub Division/tehsil Jhunir and shifting it to Sub Division Sardulgarh. It is further -averred that no infrastructure was provided for functioning of the Sub Division at Jhunir. Thus, the shifting of the headquarters would not result to any unnecessary loss to the exchequer or State or to the people. On the other hand necessary infra-structure is already in existence at Sardulgarh where sub Tehsil exists. The short distance of Jhunir from Mansa Headquarters while that of Sardulgarh being at great distance was also stressed. Alongwith the return, the notification dated 13th September, 1993 (Annexure P-l) was also appended. In additional affidavit, the State Government had further clarified its stand.
(3.) IN replication filed by Darbara Singh petitioner, the stand of the State is controverted regarding application of mind by Shri Hardial Singh, I. A. S. Chairman of the District Re-Organisation Committee. It was further maintained that there is no building for housing the officers of the Sub Division and Tehsil Headquarter at Sardulgarh, but 20 quarters have been built by the P. W. D. (BAR) at Jhunir for housing the Government officials. Similarly, there is a Patwarkhana building which is installed at the Sub Divisional level with 16 rooms. It was highlighted that the Panchayat of village Jhunir had already passed a resolution placing 8 acres of land at the disposal of the Government which should be adequate for developing new infra-structures.;