A.S.Bains, J. - (1.) THIS petition has arisen out of the surplus area proceedings of the Petitioner. The Collector had declared 13.88 standard acres of land of the Petitioner as surplus on 15th January, 1960 (Annexure 'A'). While declaring the surplus area, the Collector also penalised the Petitioner to the extent of 5 standard acres for not complying with Section 32 -BB of the Pepsu Tenancy and Agricultural Lands Act (hereinafter called the 'Act') which enjoined him to file proper forms etc. Consequently, 5 standard acres of Petitioner's permissible area was included in his surplus area and he was left only with 25 standard acres of land. Dissatisfied by the order of the Collector, the Petitioner filed a revision petition before the Financial Commissioner, who dismissed the same, vide order 9th April, 1963 (Annexure 'B'). It is against the orders of the Collector (copy Annexure 'A') and the Financial Commissioner (copy Annexure 'B') that the present petition has been filed.
(2.) EARLIER to the present petition, the Petitioner had filed writ petition No. 2066 of! 1963; but as the vires of Section 32 -BB of the Act were not specifically challenged by him, the same was dismissed as withdrawn by this Court with the following observation: The learned Counsel for the Petitioner states that by inadvertence he has failed to mention material facts and make proper prayer. He prays that this petition may be dismissed as withdrawn. He will file a fresh petition, if so advised. I accordingly dismiss this petition as withdrawn with no order as to costs. In the present petition, only the vires of Section 32 -BB of the Act have been challenged. No other point is urged. Section 32 -BB of the Act is in the following terms: 32 -BB. Declarations supported by affidavits to be furnished by certain landowners and tenants. (1) Every landowner or tenant required to furnish a return under Section 32 -B, whose land is situated in more than one Patwar circle, shall furnish to the Collector within a period of one month from the commencement of the Pepsu Tenancy and Agricultural Lands (Amendment) Ordinance, 1988, a declaration supported by an affidavit In respect of the lands owned or held by him in such form and manner as may be prescribed. (2) If a landowner or tenant fails to furnish the declaration supported by an affidavit as required by Sub -section (1), the prescribed authority not below the rank of Collector may, by order, direct that the whole or part of the land of such landowner or tenant, in excess of ten standard acres, to be specified by such authority shall be deemed to be the surplus area of such landowner or tenant, and thereupon such area shall be included by the Collector as the surplus area of such landowner or tenant in the statement to be prepared in respect of him under Section 32 -D: Provided that nothing herein shall affect: (a) the lands of such landowner or tenant which have been exempted under Section 32 -K; or (b) the right of such person to any compensation in respect ' of such surplus area to which he may be entitled under this Act: Provided further that no such order shall be made without giving the person concerned * * * an opportunity of being heard. (3) Where a landowner or tenant, who is required to furnish a declaration under Sub -section (1), fails so to do, the Collector may in respect of him obtain the information required to be shown in the declaration through such agency as he may deem fit.
(3.) FROM the reading of this section, it is clear that the Collector Agrarian Reforms has been given arbitrary and unbridled powers in the matter. No guideline is provided. It is left to the arbitrary will of the Collector that if a landowner or tenant fails to furnish the declaration supported by an affidavit as required by Sub -section (1) of Section 32 -BB, the prescribed authority can direct that the whole or part of that land of such owner or tenant in excess of 10 standard acres shall be deemed to be the surplus area of such landowner or tenant. It is evident that in this situation very wide, arbitrary and unlimited powers have been given to the prescribed authority. It is the sole discretion of the prescribed authority which may declare only one bigha of land as surplus area of one particular landowner and may declare even 20 standard acres of land as surplus area of another landowner. Admittedly, there are no rules or guidelines for the prescribed authority to come to a rational and logical conclusion in such cases. Section 3(1) of the Act defines 'permissible limit' as under: 3. Permissible limit: (1) 'Permissible limit' for the purposes of this Act means thirty standard acres of land, and where such thirty standard acres on being converted into ordinary acres exceed eighty acres, such eighty acres: (Provided that in the case of an allottee, - (a) who has been allotted land exceeding forty standard acres, the permissible limit shall be forty standard acres and where such forty standard acres on being converted into ordinary acres exceed one hundred acres, such one hundred acres; and (b) who has been allotted land exceeding thirty standard acres but not exceeding forty standard acres, the permissible limit shall be equal to the area of land allotted to him. Explanation. - -For the purposes of determining the permissible limit of an allottee, the provisions of the proviso shall not apply to" the heirs and successors of the allottee to whom land is allotted.;