JUDGEMENT
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(1.) The petitioners pray for the issuance of a writ in the nature of Certiorari or any other appropriate writ, order or direction for quashing the orders dated 20.8.1975, 21.11.1978 and 21.9.1982, passed by respondents no.3, 2 and 1 respectively.
(2.) Proceedings under the Punjab Land Reforms Act, 1972 (hereinafter referred to as 'the Act'), for selection of permissible area and declaration of surplus area qua the estate held by Hari Singh, the predecessor in interest of the petitioners culminated in an order dated 20.8.1975, passed by the Collector, Agrarian, Bassi Pathana, declaring 66 K 9 M of Barani land as surplus. Hari Singh filed an appeal, which was dismissed on 21.11.1978. Aggrieved by the aforementioned order, Hari Singh filed a revision before the Financial Commissioner (Revenue) Punjab, Chandigarh. During the pendency of the revision, Hari Singh passed away issue less on 29.5.1981. The mutation of inheritance to the estate of Hari Singh was sanctioned in favour of petitioners no. 3 to 8, on the basis of a Will executed by Hari Singh, allegedly executed with the consent of petitioners no.1 and 2.
(3.) On 27.7.1981, the petitioners filed an application before the Financial Commissioner for impleading them as legal representatives of Hari Singh-deceased. The application was accompanied by application of even date, praying that the surplus area be redetermined in the hands of Hari Singh's legal heirs, as it had not been utilised by the State of Punjab. The learned Financial Commissioner rejected this prayer and held that as the surplus area stood declared, it is protected by the provisions of Section 11 (7) of the Act and, therefore, could not be redetermined upon demise of the big land owner.;
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