MAHESH GROVER, J. - (1.) The petitioners impugn the order dated 27.10.1993 (Annexure P-3) passed by the Financial Commissioner under Section 18(6) of the Haryana Ceiling on Land Holdings Act, 1972 (hereinafter known as the 1972 Act) exercising its suo motu power to declare an order dated 19.10.1978 by the prescribed authority as illegal.
(2.) Sh. Lakhpat Rai, the predecessor-in-interest of the present petitioners was a big land owner on 15.04.1953 under the Punjab Security of Land Tenures Act, 1953 (hereinafter known as 1953 Act). He transferred the substantial portion of the land by a "Tamlik" effected through the mutation no.744 dated 5th and 18th of May 1954. Four hundred and seventy two bighas of land was transferred in this manner in favour of his seven sons. While dealing with the issue of surplus area, the Collector acting as the prescribed authority included the land so transferred to declare an area of 310 kanals 9 marlas as surplus. No appeal or revision was filed against this order. Out of this 310 kanals and 9 marlas, 149 kanals and 14 marlas was utilised and allotted to eligible persons and possession delivered on 27.02.1970 and 06.04.1973.
(3.) Learned counsel for the petitioners contends that the remaining land after deducting 149 kanals and 14 marlas continues to be in their possession and was never utilized.;